Study On The Examination And Approval Legal System Of China On Foreign Direct Investment

During the thirty years from reform and opening, on the one hand, the foreign direct investment (FDI) of China develops rapidly and China has become one of the most important host countries for investing to developing countries. According to 2006 Statistical Bulletin of China's Outward Foreign Direct Investment, which is jointly published by the Ministry of Commerce, the National Bureau of Statistics and the State Administration of Foreign Exchange, up to 2006, more than 5,000 domestic investors had established about 10,000 enterprises abroad, which are located in 172 countries and regions all over the world. The accumulated net amount of FDI in 2006 had been up to 90.63 billion dollars. On the other hand, for the lack of resources during the course of industry development of our country, and for the need of introducing and learning foreign advanced science and technology, developing international market and restructuring domestic economy, we are in dire need of developing FDI on a larger scale. After entering into WTO, at home, we will honor our WTO commitments, abide by WTO rules and further open market, which intensify the competition in domestic market and provide strong internal driving force for domestic enterprises'FDI. Abroad we are facing much more opportunities. Under WTO rules, the level of liberalization is raised greatly, which provides a good environment for the FDI of our enterprises. The examination and approval system on FDI reflects the state's attitude and plan to FDI, and immediately concerns the investment costs of FDI subjects. But our present FDI examination and approval system is relatively backward in many aspects and has many drawbacks, which has been a big obstacle to the FDI development of our country. On the base of learning from the successful experience from other countries and regions and focusing on the problems existing in the present FDI system of our country, the dissertation explores the methods to perfect the system.The whole dissertation consists of four parts. In the first part, the dissertation analyzes the characteristics and development trends of FDI at present age, and analyzes the necessity and probability to develop FDI in our country nowadays. The dissertation also briefly introduces the development history of our country's FDI in this part, and analyzes its development trends at present age. The second part summarizes the history of FDI examination and approval system of our country. Based on this, this part introduces the present FDI examination and approval system of our country and analyzes its defects and drawbacks. Part three mainly introduces some typical FDI examination and approval systems of other countries and regions and analyzes the special reference to our country. Part four focuses on the perfection of the FDI examination and approval system of our country. At first this part proposes to establish the principles of examination and approval, which are the principle of combining encouragement with restriction and centering on encouragement, and the principle of serving the development of the economy of its own country; then aiming at the existing practical problems, this part proposes several specific suggestions to perfect the system, which are establishing an unified FDI examination and approval institution, reforming the mode for examining and approving FDI in our country, and unifying and perfecting the legislation for FDI examination and approval.