A Study On Legislation Of Overseas Investment Of Chinese Enterprises

The integration trend of world economic is inevitable,and diversified trend isintensifying.But both integration trend and diversified trend, in virtually, are globalintegration processes of redistribution of all the allocation of resources in the world torealize the optimization of resource allocation.As one of the significant form of optimizedresource distribution, overseas investment is the best explanation and illustration of theglobal economy integration and diversification.Beginning and ending of the developmentof our country enterprise overseas investment is also one of the best witness of our countryto participate in the development of world economy.In spite of the economic development,our country enterprise overseas investment make brilliant achievements, overseasinvestment increasing year by year;but in the process of it,problems are constantlyemerging, such as foreign investment legislation and policy lagging, the regulatory systemunreasonable, the current tax system not sound, etc,especially for overseas investmentlegislation problem more serious.Therefore, the overseas investment legal system of ourcountry needs to set up as soon as possible,so that Chinese enterprises in overseasinvestment can rely on it to protect all the rights and interests of overseas investment ofChina.From the perspective of capital exporting countries,this article mainly analyzes therelated legal system of our country enterprise overseas investment, foreign treaty signedagreement and draw lessons from foreign countries on the basis of the successfulexperience of overseas investment, and combines with the current situation of our countryenterprise overseas investment to make further inquiry and analysis of overseasinvestment legal system of our country.This paper emphatically analyzes overseasinvestment legislation mode and legislative experience of the developed countries.Thedevelopment of overseas investment in the developed countries has hundreds of years ofhistory;the accumulation of rich experience to perfect our country overseas investmentlegislation has the very big significance.For existing problems and deficiency of ourcountry enterprise overseas investment legislation, this paper focuses on three aspects of insurance, supervision and assistance analysis to point out the legislative deficiencies anddefects, so that we can better understand the current situation of our country enterpriseoverseas investment legislation to lay the foundation for perfecting our country’s overseasinvestment legislation. And to its existing problems, on the basis of fully making referenceto good experience in the developed countries’ overseas investment legislation, this paperputs forward the corresponding suggestion and opinion.This paper is divided into four chapters:The first chapter, the overview of overseas investment legislation, including theconnotation of enterprise overseas investment, as well as to our country enterpriseoverseas investment legislation jurisprudence, economic basis and the necessity ofanalysis.The second chapter, the comparison of developed country enterprise overseasinvestment legislation, mainly from the insurance legislation, supervision legislation andaid legislation in developed countries enterprises overseas investment legislation analysis.The third chapter, our country enterprise overseas investment legislation presentsituation and problems, mainly from the insurance legislation, supervision legislation andaid legislation in our country enterprise overseas investment legislation situation analysisand problem analysis.The fourth chapter, aiming at the existing problem of our country enterprise overseasinvestment legislation, puts forward some suggestions to perfect it.