The Impact And Influence Of New Corporation Law To Foreign-Funded Enterprise Law

The general pattern of foreign-funded enterprise law of China is different from the overseas foreign capital legislation, it was enacted before the socialist market economic system was established and was inevitably impacted by the planed economy. As a result, foreign-funded enterprise law was designed to be a comprehensive law. The Company Law promulgated in 1993, which regulates the procedural norms of establishment, change and termination of company in detail and reflects the common identities of company, crates objectively more favorable conditions for the legalization of foreign-funded company. Meanwhile there are unavoidable conflict between them.With China's access to WTO, government made a major revision to the Corporation Law which has been implemented for 12 years. The new corporation law introduced advanced ideas and more efficient enterprise legal system, but there still exists conflict, which presents many new characteristics, performs as some parts as enterprises with foreign investment capital, corporate , corporate property rights, the structure of property rights of shareholders and the company and its shareholders, the operators, workers, and the relationship between creditors and other aspects. Foreign legal system should be made to adapt to these changes. To forecast development direction of China's foreign investment legislation, the most important is repositioning of it. On the basis of integrating commercial organization law into the Company Law and other economic laws into single economic law, resuming the single character of management of foreign investment law, reserving system and rules of attracting, managing and supervising of foreign investment.Through analysis of the general characteristics of foreign investment legislation, the characteristics of the foreign investment law and its conflict with the Company Law ,this thesis researches the impact and influence of the new company law to the foreign-funded enterprises on every side of the law. The analyses of this thesis not only help the management of registration and permission of foreign-funded enterprises, but also inspire the foreign investment legislation of China.Besides the introduction and the conclusion, the text divides into four chapters. The first chapter The outline of foreign-funded enterprise law .This chapter introduces the general characteristics of foreign-funded enterprise law and method and situation of the overseas legislation, analyzes the historic process of foreign-funded enterprise law of our country characteristics of foreign-funded enterprise law.The second chapter The conflicts and adaptation of foreign investment enterprise law and the corporation law. This chapter analyzes the origin of the legal conflict, and elaborates the adaptation of the foreign investment enterprise to the law of corporation.The third chapter The study of the influence of the new law of corporation to the foreign investment law of enterprise. This chapter is the key point of this article. Unifying the characteristics of the new law of corporation, it analyzes the influence and problems of the new law of corporation to the whole process of the foreign investment enterprise. This chapter has certain enlightenment to the management of registration of the foreign-funded enterprise.The Fourth chapter Forecast of our country's foreign capital legislation. This chapter, unifying the present situation of foreign capital legislation and enforcement, proposes the suggestion of standardizing the foreign capital legislation and analyzes the trend of development of foreign capital legislation.