The Coordination Of The Chinese Foreign Investment Law And Corporation Law

Because of our long-term planned economy, planned economy under the different nature of the enterprise to be treated differently.Since reform and opening up to encourage foreign investment in China on the basic foreign policy has not changed, funded enterprises to invest in the relationship between the adjustment of domestic economic law, and foreign investment in the relationship between adjustment by the foreign economic law.To create a favorable investment environment, China has promulgated more than 200 to encourage and guide the management of the specialized foreign investment legislation and relevant laws and regulations, forming a relatively sound legal system on the international investment environment.China's current foreign investment legislation that is largely a planned economy in the context of developed market economy and the deepening of reform and opening up, making the existing two-track system of foreign law, the legislative model of decentralized power, obsolete legislation content, according to the form of foreign-funded enterprises, respectively, the mode of legislation so it is with the general trend of economic development out of tune, gradually become China's market economy reform and opening up the barriers to foreign investors a variety of puzzles,At the same time, the world economy is accelerating the integration process will also be deeply involved in China's economic wave of the world, surging foreign investment in China also reached an unprecedented scale, and its investment in the form of flexible also, at the same time in our country foreign investment legislation also show the lag gradually.This mess has also led to the legislation of China's foreign investment legislation of great confusion, especially in China's market economy against the background of a gradually improving, with the idea of the rule of law in-depth implementation of the principal norms of adjustment of a market economy after the foreign company law Investment Law was born, from the birth of China's company law at the moment, the two laws conflict is inevitable,In principle, the Companies Act should be adjusted on the market of domestic economic entities, under certain conditions in some special provisions applicable to the contrary, China's status quo is on the two showed that appears in the legislative separation, non-interfering, but in real life operations are intertwined intertwined in the cross at the same time a large area of conflict and duplication, the technology in the legislative point of view, reasonable for the Construction of China's legal system is forced to face the embarrassment of the problem,Promulgated in 2006 a new company law in many respects, although foreign investment regime for the sound settings, but does not fundamentally solve the contradiction between two laws, at the same time, the goal of value from a legal point of view, our primary objective of legislation is can effectively regulate the legal relations of a mediation to determine whether the legal standard is excellent to see whether this method so that an orderly adjustment of the legal relationship, efficiency, China's Foreign Investment Law is a major adjustment of foreign investors and domestic investors, the relationship between China's Company Law and the provisions of China's market economy is to adjust all the participants must also include China's investors, the legal framework on the existence of the disadvantages of foreign investment law and therefore the coordination of company law is a deep-seated problems, not only to address specific operational problems, but also the legal value of the target space to reflect on the meaning of such Act.On China's foreign investment law and company law to carry out reconstruction of China's reform and opening up the inevitable result, at this stage, under the conditions of China's market, the Company Law to establish a unified system to adjust the main domestic and foreign markets for China's integration into the global economy an essential requirement for the trend. The author from the application of foreign law realities, analysis of market conditions at the present stage of China's foreign investors face the relevant laws applicable to the confusion, and finally explore how the new situation in the reconstruction of the legal system of China's companies.