Comparative Research On The Legal System Of The Foreign Capital Enters

The arrival of the economic globalization, not only has brought the prosperity of international trade and the development of international investment (especially international direct investment), but also has caused the transnational flow of the capital, rational distribution of the factors of production. The economic globalization is not a terminal point, but a new starting point of economic development of the world. In the international investment domain, the developed countries, taking main export of capital countries, positively initiates to weaken the capital input countries' the foreign capital jurisdiction, and enable the foreign capital to enjoy the complete non-discrimination treatment in the host countries. The developing nations, taking the main capital input countries, on the one hand, pour the newborn vigor into national economy development with the aid of the foreign capital and advanced productive technology in order to accelerate development of national economy. Thus, they take the preferential measure that a series of encouragements for attracting foreign capital, such as reducing the limit for foreign capital, treating foreign capital as national capital at some extend. On the other hand, since getting rid of the colonial and semi-colonial status, throwing off economical wound which the war brings, the developing countries extremely take the economical sovereignty seriously when they stepping onto the independent path. They also emphasize that the foreign capital jurisdiction is their internal affair which does not need the foreign interference. Therefore, the foreign capital jurisdiction becomes the focus between the developed countries and the developing countries when they argue about the international investment. Then the foreign capital enters as a legal system, is the first step for various countries open the entrance to the foreign fund by the national legislation way. It is practical significance for absorbing the foreign capital and developing the national economy to research the legal system of the foreign capital enters.This article is divided into six chapters in all and uses the contrast style mainly to analyze the kinds of legislation patterns for the foreign capital enters. At first, it introduces the development of the international direct investment under the economical globalization and the elementary theory of the foreign capital enters briefly. Then from the domestic legislation to the international legislation, the article analyzes different characteristic and changes between the kinds of legislation patterns for foreign capital enters. Finally, unified with our legislative practice of the foreign capital enters, the author presents several suggestions about how to improve our foreign capital enters legislation., such as we should adjust the domestic existing legislation of the foreign capital enters, in order to meet the need of economy development; meanwhile, we should positively participate in the formulation and implementation of the international economy rules for the further development of the economy globalization.