On Liberalization Of International Ivestment Law And The Adjustments Of Chinese Legislative Policies On The Foreign Investment

Nowadays, promoted by economic globalization, the trend of international investment liberalization is stronger and stronger. In order to adapt to, accelerate and safeguard the trend, international investment law has new development, which are characterized by improved investment treatment, reinforced investment protection, enlarged freedom of market admittance and internationalization of investment disputes. Since the adoption of the reform and opening policy 25 years ago, China has gradually built up a foreign investment legislation system from scratch. Yet with China's entry into WTO and the development of the market economy system, the current foreign investment legislation, which was once important to utilizing foreign investment, are confronted with problems that becoming sharper and sharper.The key problems are: first, problems that are resulted from too manylegislatures, two-track-model which does not accord with WTO legal system and the lack of unified foreign investment law with too many separate laws; second, the foreign investment legislation cannot correspond with the Company Law; third, the foreign investment legislation cannot coincide with WTO, legal system in many aspects; finally, other legislations involve foreign investment still needed to be perfected. Now that the Chinese utilization of foreign investment is badly affected by the problems, solving the problems by perfecting the foreign investment legislation becomes an urgent task. The specific perfection should be like this: On legislative model, first, make a unified foreign investment law to clear up the disorder brought by separate legislations, save law enforcement cost, improve law enforcement efficiency and ensure the unification of foreign investment law system; While on content, China should use other countries'...