Research On The Law Risk Of Oversea Investment And Its Guard

The economic globalization has formed a new trend, and overseas investment has taken the place of international trade as the main impetus to promote the international economy. With consideration of these factors and China's practice of overseas investment, this dissertation explores some problems in the law risks of overseas investment in our country, including the explanation of the law risks, the causes that give rise to the law risks, the categories of the law risks, and the precautions of the law risks.In the prelude, the dissertation states the view that overseas investment is the natural and main trend of the economic development in the modern world, the domestic enterprises struggle to the overseas development, and while obtain the bigger development space, these investors have also encountered the kinds of law risks. The domestic some big enterprises overseas have suffered significant law risks which have created the significant economical harm to the enterprise and the country in recent years. But our country overseas investor, the government and scholars seriously lack to the law risk understanding and the research, therefore the author thought it is necessary to strengthen research about the law risks of the overseas investment, take guards against the law risk.In Part One, the dissertation firstly defines law risk and differentiates law risk form the risk of breaking through the law, law obligation and the liability for breach of contract. Risk law is the possibility of the happening of the disadvantageous law consequence, because of ignoring law in the life. This part also briefly analyzed law risk non- standard, non-anticipated, disadvantageous, and non-insured.In Part Tow, the dissertation states some primary law risks, while include the law risk of the choice of the enterprise law shape in the overseas investment, the law risk in contract behavior, the law risk of intellectual property rights, the law risk of foreign investment tax, and the law risk of the difference of the enterprise law cultural.In Part Three, this article mainly analyzes the reason and the hazardous nature which the foreign investment law risk produces. Incomplete legislation and discrimination. of the enforcement in the host country, imperfect law system and imperfect information service in the female country, light law consciousness of investors, and imperfect management in the investment enterprise result in law risks.In Part Four, this article mainly analyzes that the female country should provides the guards against law risks in the overseas investment. Strengthen the law risk propaganda; provides foreign investment the law system information of the host country; perfect foreign investment examination and approval law system, and guard illegal investment; use the international convention to prevent the host country abusing the law system; use judicial assistance guards against the law risk.In Part Five, this article mainly analyzes that overseas investors should provides the guards against law risks in the overseas investment. Strengthen law knowledge training, raise the investor law consciousness; perfect interior government mechanism for law risk guard, establish the perfect enterprise rules and regulations, perfect the structure of the enterprise, employ law adviser have the valid contract management; Protect intellectual property rights; finally strengthens the enterprise law cultural reconstruction, developing each kind of propaganda about law culture, selecting overseas Chinese as supervisors in the foreign investment enterprise ,and fully using the cultural information platform.