Research On Chinese Permitting System Of Market Entry For Foreign Investment Under The Framework Of WTO

As an important rule in international law, the market access of Foreign Direct Investment (FDI) is always the focus of every country's international law. In the point of host nations, the market access of FDI means they could decide the kind, the condition and the examination of FDI. In the point of foreign investor, market access just means the right and chance that allowed to come into the host nations. The essential of the system is that the host nations have the legal right to decide whether or not allow the FDI come in; and the field, condition, ect. In the past, traditional international law always treated the "market access of FDI" as a very important part of economic state power in the host nations.Up to now, there is no overall international legal system in this field, but only some bilateral investment agreements reflect the rule of international investment. The establishment of WTO in 1995 with its agreements in effective promoted the raise of international investment and thus a set of overall international investment rules is needed. In this background, international institutions such as UNCTAD, WTO, IMF and OECD made active efforts to develop international investment rules, and enacted some legal documents witch found the basis of international investment law. In the WTO, the TRIMS,GATS and TRIPS are the nearest to the problem of investment.With the policy of reformation and openness, FDI contributes a lot to China's development. But at the same it brings bad effect, such as the imbalance of the field that FDI flowed in, the imbalance of industry structure and the safe of industry in China. When China has become a member of WTO, it must obey the WTO rules. But there are still some conflicts between the Chinese market access of FDI law and WTO rules. For example, in the field of national treatment, the cancel of amount-restriction and the transparence of law. In order to improve the market access of FDI law in China, this paper has its own point and offers some advices for general idea, industry policy and legal measures.