Foreign Investment In China Legal System

Since the eighties of the last century on behalf of china's reform and opening up,they begin to open the door to attract foreign investment. While China's foreign investmentlaw is also the period from the start, after three years of development, in practice. Continuous explaration and improvement,the formation of a legal system, foreign investment,research and evaluation in the legal system of foreign investment in China. This study focuses on the legal system of foreign investment analysis as a starting point. The first part of the legal system in China foreign investment in the specific content, and then analyzed foreign investment in China's legal system. The author pointed out that the three points:Lack of systematic and integrity,lack of effective dispute settlement mechanism and the lack of property protection mechanisms in a dequate. The second part introduces the extratenitorial foreign investment in several countries. Then summed up the enlightenment, which is divided into three points:First, legislat from foreign counrries, access requirements of foreign countries. For example the USA, Japan, Laos, Burma's regime, in general developed countries to allow foreign investment in a wider area, improve texamination and approval system, while developing countries system is imperfect, there are more restriction of foreign investment. Third, investment in the acquisition of national regulation of the legal system, respectively, in the USA, Germany and Italy's system. In general, the developed countries are more perfect system of anti-monopoly, but in developing countries at the initial stage the system is not sound. The second issue of this chapter pointed out that China should learn from the above three aspects of foreign experience an improve the releveant legal system in China. The third part onimproving the legal system of foreign investment proposals first analysis of the practic of foreign investment in China is facing several problems, such as the investment enviroment of China's longstanding problem of eccessive government intervention in the issue and the application of national treatment range. Finally, improve our legal system leads to a few points, to improve the content of foreign investment law to increase law, transparency, improve the investment environment pay attention to the protection of national economic security, weaken the administrative intervention, within a reasonable use of foreign principle of national treatment.