The Legal Research On China-ASEAN Free Trade Area's Investment Liberalization

With deeply development of economical globalization in recent years, investment liberalization , as an important component of economic globalization, has become a trend of the times. It requests countries relax foreign investment access restrictions, especialy openning the investment realm, implement national treatment and operate forbidden implementation equirements. And this trend are showed in some BITs and MITs in recent years.The building of the China-ASEAN Free Trade Area has been launched nowadays, with its going full steam ahead, investment liberalization has become an unavoidable fact and an irreversible trend. As an important item of China-ASEAN Free Trade Area, it has been placed on the agenda of negotiation at the very start .it is necessary to research how to establish an open investment system, pushing investment Financial Capital Flow, advancing attraction to FDI from the outside regime to realize investment liberalization, ultimately to ensure the timely establishing of China-ASEAN Free Trade Area in an all-round way in 2010. The article expounds the actuality of the legal framework of investment liberalization between China and ASEAN countries, analyses the defects of investment legislation ,then makes a comparative study on the legislation trend about the international, regional and in the BITs foreign investment rules , the trait of development of national treatment, the trend of forbidden implementation requirements. In the end, in consider with the actual situation and the legislation of Chinese and ASEAN countries, it explores the legal regulations in China and ASEAN countries, and researches the legislative practices and legal measures of our country. At last, this dissertation discusses a united investment treaties should be enacted to provide a fundamental legislative insurance to push investment liberalization. Furthermore, it discusses the necessities of constructing a united legal framework of investment systems and provides constructing ways and basic ideas of contents.