Perfect The Legal System On The Encouragement Of Overseas Direct Investment Of China

Overseas direct investment is an important way through which one country participates in the competition of global economy. Past decades has witnessed a great change of enterprise power and competitiveness of China, and Chinese government has advanced the strategy of"going-out"with an eye to accelerate the expansion of Chinese enterprises abroad and enhance the competitiveness of Chinese economy, under this circumstance, Ministry of Commerce of the People's Republic of China has set forth next five-years plan of the development of overseas direct investment. Judging from recent year's situation, the overseas direct investment is getting on a track of fast development.In scholars circle, scholars used to research the international investment law from the viewpoint of host country, and they have devoted to a great deal of research on law of foreign-funded enterprises. So far, we have got a comprehensive legislation in the area of foreign-funded enterprises, and a series of detailed rules and administrative regulations have been enacted to apply to foreign-funded enterprises. However, both the legislation and research of the law on overseas direct investment, particularly the encouragement legal system on overseas direct investment is far lagging behind the need of economic situation. Traditionally, the legislation in this regard even embodies a thinking of restriction to some extend, this is not in line with the current national strategy of"going-out".In order to achieve the fast development of overseas direct investment of China, great importance and research work should be given to the legal system on the encouragement of overseas direct investment. This paper has devoted to analyzing the existing problems of the legal system on the encouragement of overseas direct investment and putting forward some pointed suggestions to perfect it.In chapter one, the author introduces and defines the some basic concepts including overseas investment, overseas direct investment and legal system on the encouragement of overseas direct investment, and then analyzes the legal characteristics of overseas direct investment. The author also introduces the contents of legal system on the encouragement of overseas direct investment and its current development in China. In the end, the author briefly analyzes the significance for the development of overseas investment in China. This chapter paves the way for the analysis in coming chapters.In chapter two, the author analyzes the problems existing in the current legal system on the encouragement of overseas direct investment of China and the necessity of its perfection. this chapter consists of three parts, in part one, the author mainly discusses the issues on indirect tax credit, tax sparing credit, the tax loss of the enterprises investing abroad, the calculation of tax credit, the tax declaration of overseas investment income and the industrial orientation of legal system on the tax encouragement, in part two, the author mainly discusses the issues on the overseas direct investment credit, the administrative system of foreign exchange and the overseas investment fund. In the last part, the author briefly analyzes the necessity to perfect the legal system on the encouragement of overseas direct investment.Chapter three is devoted to putting forward some specific and pointed suggestions to perfect the legal system on the encouragement of overseas direct investment on the basis of learning from international experience and the research of preceding chapters.