To Better The Law Of Sino-foreign Joint Ventures

With China' entry into WTO, the foreign investment influx into the native market, especially the big multinational companies, the number of Sino-foreign joint ventures is increasing at a high speed in China mainland. The laws regulating Sino-foreign joint ventures appear scattering, chaotic and have something imperfect. The pattern of joint ventures performed now is Limited Liability Company which should have been joint to and coordinated with the Company Law. However, Sino-foreign Joint Ventures Law was promulgated 10 years earlier than Company Law and the later Company Law referring to all the companies and enterprises hardly include Sino-foreign Joint Ventures Law published earlier. As a result, many problems are left to the legislators and schorlars to discuss further.The new Company Law was published and performed formally on January 1,2006. This amendment is discreet and doesn't deal with the substantive change but the problem existing in Joint Ventures Law and the matching legislation can not meet the need of the development of the joint ventures in the new times. Therefore, how to solve these problems and seek the new breakthrough and development and how to make the important deeds of the joint ventures have laws to follow are important topics that wait to be studied.By analyzing the statues and problems of Sino-foreign Joint Ventures and examing the different contents of the related provisions between Sino-foreign Joint Ventures Law and Company Law,the article expound the differences and conflict between the two to promote several thingkings microcomically and macroscopically on how to Sino-foreign Joint Venture Law, such as the company' structures, the registered capital and the arrangment of equity structures.