Research On The Legal Control Of International Project Financing

The integration of the world economy and economic globalization is the world's important landscape in recent years. In essence, it is a worldwide integration of resources within the movement. International project finance is a major force in the normal movement in the tide of integration, no country can be set aside, especially for China, a developing country of special economic background, how to use international project financing, how can integration into the world economy successfully is very important. International project financing for China's large-scale infrastructure construction in future, it is necessary to research the legal system of project financing.International project financing, however, has been neglected or even inhibited by China, but as a financial instrument function it has received increasing attention. Nevertheless, it lack the basic institutional arrangements, the meaning of the principle of autonomy also need a certain degree of implementation of the system. At the same time, in order to adapt to the demands of international finance, international standards and the level of international project financing system need to be constructed immediately.However, one should not ignore the international project financing will accompany with great risk, in the structure of China's system of project financing, to balance the interests of the system and risk, legal control is necessary, we have to pay attention to the study of the intrinsic nature of project financing, analysis risk factors clarify the content of the project, straighten out the in the status of project financing and so on, At the same time project financing as a result of successful project financing is a sign between the parties to the rational allocation of risks, and risk allocation is mainly through legal means, risk allocation is reasonable or not directly related to the success or failure of project financing.This paper is divided into five chapters, the first chapter is the basis of this paper, it introduced the connotation and extension of the legal characteristics of project finance, the origin and development process and so on, in order to have an over grasp of the legal control of project financing.The second chapter listed seven common types of risk, in accordance with international project financing the risks of the type of project financing for the proposed risk control measures and studies, and later the control of the risks for further study.The third chapter is public law on the legal control of project financing. Introduced the financing of the project the characteristics of the sources of law, international project financing risk control of the basic international law-like state. After the law on control of international project financing in the licensing system and the principle of sovereign immunity was discussed, that the Government licensing system for the legal provisions should be further detailed that in the international project financing in China should uphold the principle of relative immunity.Chapter IV is the private control of project financing, project financing is not risk investment, loans still need to maximize the built up a reliable way to ensure the security claims to achieve and ensure the smooth progress of the project. Through a variety of legal forms and innovative forms of security, stability will be all kinds of legal relations, in order to maintain the balance of project financing. The paper also highlighted the guarantee of financing the project in the negative impact of the project for the future to further study of the legal system of financing.Chapter 5 is about the future financing of projects to improve risk-control laws on the issue. China will study the objective of the current situation,, China's international project financing legislation orientation. Proposed to be achieved mainly private control of the mode of financing the achievement of project risk control of the international laws, and put forward the liberalization of China's international project financing legislation specific operations. To the principle of equality and market access rules as the fundamental starting point for China's relevant legislation and improving coordination. At the same time the paper also pointed out the significance of the traditional private international law, it related to jurisdiction, applicable laws, court decisions and related legal enforcement of arbitral awards and other issues of foreign relations in the legal dispute resolution, international private law preventing the legal sense, the introduction of international project financing in the private international law system can avoid jurisdiction and applicable law disputes, avoid the risk of expansion, protect the interests of the parties, and other risk prevention measures can make a more comprehensive study of the risk of project financing , Also accord with international trends in the development of project financing.