Research On Legal Problems Of Encouraging And Protecting Small And Medium Enterprises' Abroad Investment

Globalization of economy has become an irreversible trend. After China joins WTO, the Chinese enterprises are more integrated into the world economy. How to fully utilize the two kinds of markets and resources both domestic and abroad has become "a general development requirement of the enterprises, and it also becomes the extrinsic motive for the small and medium enterprises(SMEs) to invest abroad. Moreover, China is now undergoing adjustments of its economy structure and industry structure, Chinese domestic productivity and capital is excessive and the domestic market is saturated, so abroad investment has become a necessary choice of the SMEs. At the same time, as we can see, most of the SMEs have the capability of investing abroad, which can be testified by the whole economy base, the industry competition advantages and the development status of SMEs. But the present situation of SMEs is not pleased us, investigates its reason, mainly lies in insufficiency of our country's laws and policies environment of abroad investment, which not only is bad to SMEs investing abroad develop foreword healthily, but also is bad to come true our country's "Going out" strategy in the new time, even is unable to encourage and protect abroad investment, and prevent SMEs' benefit from be harmed in the overseas market.From the legal concept to the concrete rule, from the theory educational world to the actual legislation, from on position law to the lower position laws and regulations, from special legislations to necessary legislation, analyzes the present situation of abroad investment legislation in our country, we can discovered many problems, the main legal matter displays in: The abroad investment legislation is scare and mainly stays on administrative rules and regulations, which is lacks of overall plan on the development of abroad investment enterprises, some fundamental laws are serious flaw such as "Abroad Investment Research law", "Abroad Investment Verification Law", " Abroad Investment Exchange Control Law", "Abroad Investment Enterprise Obtained Tax law", " Abroad Investment Bank Law" and so on; The abroad investment examination and approval system is lag off, the tedious examination and approval procedure causes SMEs to be unable to withstand the heavy burden and catch good opportunity of abroad investment; "the system of ownership discrimination ", "the scale discrimination" of the present financing system manifested fetters the step that SMEs invest abroad as well as their investing expansion. Facing to these problems, many experiences may be learned from overseas, but we can't neglect national development presentation of enterprises' investing abroad in our country. The realistic countermeasures are: Steps up the legislation advancement of fundamental law about abroad investment, reforms complex jumbled abroad investment examination and approval procedure, builds a good legal environment for SMEs' abroad investment; Opens up SMEs' financial channel and establishes the credit guarantee system, solutes the extra worries which SMEs meet in the "Going out" process; Specially establishes the abroad investment protection system, strengthens the protection of intellectual property rights and the diplomatic protection, using bilateral and multilateral investment treaty between Chinese and foreign countries to resist the abroad mvestment political risks and enhance the abroad investment security. Constructs an overall encouragement and protection system for abroad investment of SMEs.