China's Legal Regulation On The Offshore Company's Transnational Investment

In recent years, with the advancement of the globalization of the international economy, the offshore islands become hot for more and more investors because of its less restraining on law. And the offshore companies set in the offshore island have played a vital role in today's economy, especially in international investment field. While, the offshore companies also have negative influence to the economic order and legal system of other countries and areas in the world.The form of offshore company is flourishing now in our country in the field of foreign investment as well as overseas investment. The offshore company takes up an important position which has both good and bad influence. So the offshore company has an initial relationship with our economy and legal system. And especially for the economic advantage of the offshore company in the M&A, it is popular that the investors perform the M&A by means of offshore company. Our country has mainly focused on the supervision on the offshore company's M&A. This paper intensively talks about offshore company's international investment and financing in the view of legal supervision and discusses and analyzes the legal problems in the offshore company's practice on the basis of combining our country and other countries' practice of supervision on offshore company. This paper (except the introduction and the epilogue) consists of four parts:The first part gives a general introduction of the basic theory about the offshore company. It gives a brief expatiation of the conception, characteristic and function in order to depict a basic picture of the offshore company for the reader and to put a mat for the following text. Meanwhile, it introduces the form of offshore company in China and the conception of offshore company in the background of China.The second part focuses on the legal regulations on the offshore company's foreign investment. It starts with the general conception of transnational investment. Then it focuses on the legal regulation of two ways of transnational investment relevant to offshore company. And it also analyses the other countries' supervision on the offshore company under their jurisdiction.The third part analyses the legal supervision on the offshore company's engaging in transnational investment in our country. This is the most important part in the paper. It explains the specialties of the offshore company itself and its form in our country and mainly discusses the legal supervision on the offshore company's M&A. Then it analyzes the process and cause of the evolvement of our country's relevant laws when starting with the status in quo of the foreign investment law and overseas investment law in China.The fourth part gives some advice and suggestions on the Chinese legal supervision on the offshore company's engaging in transnational investment. It concretely discusses the probable influence under the recent regulation system and the prime problems resulting in its negative effects. Then it presents the primary suggestion.This paper does some researches on the offshore company's engaging in international investment on the basis of the stipulations and practice of other countries in the world trying to have a comprehensive knowledge about the offshore company and then giving some feasible suggestion to our law.