Research On Legal System Of Foreign Investment Admission In Telecommunication Industry

In the field of international investment theory and practice, the whole process of foreign investment is generally divided into two phases– the phase of foreign investment admission and operational phase. While there are less constrictions in the operational phase of the foreign investment( or is similar to those applying to domestic enterprises), the admission of foreign investment is particularly important. The telecommunications industry is an important economic industry in China so it's necessary to have a depth study in the legal system, to find and summarize the possible problems. This paper is wrote for the purpose of introducing foreign investment access system in the telecommunication field, to make a list of the current problems and a detailed analysis, and give some suggestions.This article is divided into four chapters. First of all, this first chapter introduces the meaning of foreign investment access and the meaning of foreign investment access to the telecommunications industry, analyzes why some countries set up thresholds for the foreign access in telecommunications industry; then introduces the legal framework (including general legal framework and specific legal framework for the foreign access of telecommunications industry) Then, the second chapter introduces the content of foreign access of telecommunications industry in general (including regulatory body, allowing scope of foreign investment in the telecommunications industry, special requirements for foreign investors, restrictions on foreign control, and approval procedures), and a specific content of China's foreign access of telecommunications industry after the "Regulations on Administration of Foreign Investment in Telecommunications" revised in Sep., 2008. The third chapter introduces the current status of foreign access of telecommunications industry in China, and then analyzes the foreign access to China's telecom industry issues (including: transparency problem, independence of supervision, multiple regulatory authorities, obligations to promote competition), and the problems of current legislation (including: lack of a comprehensive telecommunication law, the so-called foreign "key investor" provisions, problems of current license system). Chapter four focuses on, based on the foregoing analysis, how to improving access system for foreign investment in China's telecom industry and gives several proposals, including: enhance the transparency our legal system by translation and publications of law and regulations, legislative interpretations and other means; the establishment of a comprehensive telecommunications regulatory authority and define their regulatory actions; establish a progressive, comprehensive and unified legal system of telecommunications (including the "Telecommunications Act" legislation, to adjust the requirements of investors in the telecommunications industry and the alteration of existing licensing system changes).