Legal Consideration For Chinese Enterprises Adopting "Going Outside" Steategy

With China expanding the opening to the outside world increasingly, and especially more and more extensively participating the international competition since entering the WTO, many Chinese enterprises start to adopt the development strategy of"going outside". Some list overseas, some merge companies overseas, and some undertake business overseas, yet, with different results. Some large-size enterprise groups, such as Haier, lenovo, have achieved success in overseas market, which set good examples for the"going outside"of domestic companies. But some Chinese enterprises list or merge companies overseas haphazardly, not knowing a little about the relevant laws and regulations. What's more , the legal framework of investment in China has certain defects and some companies have not normative corporation governance system. For the above reasons, these enterprises pay much cost, but make little profit. According to the statistics of the World Trade Organization, by 2005, China has had the most antidumping investigation lawsuits for 10 years among the world countries. The situation is now becoming more and more austere. At the same time, in overseas trade, Chinese companies and goods suffocate with increasing degrees. They often suffer from the trade barriers lawsuits, such as patent lawsuits, infringement upon trademarks, and so on. So this paper mainly elaborate how to achieve success after"going outside"for Chinese enterprises.First, Chinese enterprises should make legal demonstration for overseas investment and trade, that is , analyze the laws and regulations of the host country concerning finance, labor, intellectual property rights, investment, customs, exchange control, and so on. Secondly, Chinese enterprises should build normalized company system, and undertake business according to the rules of the overseas capital market strictly. To do this, state-owned large and medium-sized enterprises and private small and...