A Study On The Legal Protection Of Overseas Direct Investment Of China

Overseas Direct Investment is an important way for a country to participate in the competition of global economy. The promulgation of"going out"strategy has been advanced by Chinese government under the circumstances of Global Economic Integration and Regional Economic Integration, with an eye to encourage Chinese enterprise to participate in international economy competition actively. After three decades of reform and opening up, China's Overseas Direct Investment has achieved an outstanding result. Undeniably, China's Overseas Direct Investment still has a far cry from that of developed country and some emerging developing countries, such as America, Japan, Germany and South Korea, due to the late start, small scale of enterprises, and weak competitiveness. Thus, in order to enhance China's Overseas Direct Investment level and to promote it developing more rapidly, we should pay more attention to the study on the rule of law of China's Overseas Direct Investment. To this end, I choose the thesis on Legal Protection of Overseas Direct Investment of China. From the start, the paper gives a general description of the current status of China's Overseas Direct Investment. Then it makes a comprehensive and detailed analysis of the exisiting problems of present rule of law related China's Overseas Direct Investment. Simultaneously through drawing on the world, especially the developed countries and some emerging developing countries'protection rule of law of Overseas Direct Investment, the paper puts forward some pointed countermeasures for perfecting the legal system of China's Overseas Direct Investment.The specific structure of the paper is as follows:Chapter one gives a brief presentation of China's Overseas Direct Investment from the angle of concept, characteristics, current situation and the problems that it exists. Besides, the author analyses the necessity and feasibility of legal protection of China's FDI from the facet of international economic situation, the national economy, and WTO agreement.Chapter two concentrates on present legislation of China's FDI and the problems existed. This main topic is analyzed from the point of domestic rule of law and relative international norms concerning China's Overseas Direct Investment.The third part is about the reference of protective legislation of world main developed countries and some emerging developing countries on overseas direct investment, which is mainly analyzed from four facets. They are respectively: the comparison of legislative models, of regulative legislation, of overseas investment insurance, and overseas investment aid legislation included.The last part is about the corresponding reflection on perfecting the legal protection of China's Overseas Direct investment. Establishing on the basis of chapter one relating necessity and feasibility of legal protection of China's Overseas Direct Investment, facing the problems that exists in the current legal system of China's Overseas Direct Investment, the author puts forward some relatively specific and pointed legislative construction and perfection for China's Overseas Direct Investment, with regard to legislative models, the regulative legislation, overseas investment insurance, overseas investment aid legislation, through the reference of more advanced legal system of some of main developed countries and some emerging developing countries related foreign direct investment.