A Study On The Legal Regulation Of Foreign Non - Normal Discharging

Since the 2008 global financial crisis occurred, a large number of phenomenon on non-normal withdrawal of foreign capital had popped in our country. It had brought serious negative influences to our society and economy. Scholars in our country analyze reasons for non-normal withdrawal of foreign capital and put forward relevant countermeasures according to the actual situation. But the existing study about legal regulation is still extremely weak. Bases on these, legal regulation concerning non-normal withdrawal of foreign capital is a significant issue which is urgent to be solved. In addition to the introduction and conclusion, this thesis is divided into four parts, the abstracts of which are as follows:The first chapter:the summary of issues relating to non-normal withdrawal of foreign capital. This chapter firstly analyses the concept of non-normal withdrawal of foreign capital put forward by domestic scholars, points out that these concepts do not reveal the specific legal obligations carried out by foreign businessman when they are ready to withdrawal as well as the negative consequences caused by non-normal withdrawal of foreign capital. On this basis, this chapter further redefines the concept of non-normal withdrawal of foreign capital. Immediately, this chapter summarizes its main form, and finally analyses its legal nature from illegality, tax evasion and avoiding social responsibility.The second chapter:the present situation, causes and negative influences of non-normal withdrawal of foreign capital in our country. This chapter firstly analyses the data on the official website and related reports, reveals the severity of the problem in our country. Secondly, this chapter parses the causes of the problem from the impact of the financial crisis, rising operating costs, the adjustment of the industrial policy and tax policy, aggravating external competition, poor management of foreign investment enterprise and the lack of legal regulation. Finally, this chapter expounds its negative impact on employment, stakeholders, the level of foreign capital and associated industries.The third chapter:the flaws of the legal regulation on non-normal withdrawal of foreign capital. This chapter firstly dissects many defects existing in the foreign investment legal system, for example, the legal jurisdiction of foreign investment is confused, the normal and exited procedure of foreign capital is complex. Following, this chapter queries the validity of the government’s regulatory work on foreign capital from the inaccurate regulatory notion on foreign capital, the dereliction of functional departments’duties and the lack of relevant regulatory mechanism. Finally, this chapter analyses the enforced difficulty of the domestic judgments and the high cost of transnational litigation aiming at explicating the difficulties of investigating legal responsibility on non-normal withdrawal of foreign capital.The fourth chapter:perfecting legal regulation on non-normal withdrawal of foreign capital. The train of thought in this chapter is as follows:Firstly, in terms of the legal system of foreign investment, this chapter puts forward some legislative proposals such as unifying the legislative permissions, changing the legislative pattern, simplifying the exited process of foreign capital. Secondly, in terms of the regulation for foreign capital, this chapter comes up with certain exploratory countermeasures such as changing supervisory notion for foreign capital, establishing the sharing mechanism of information and the early warning system. Finally, in terms of investigating legal responsibility, this chapter raises some constructive suggestions, for example, our country should actively signs bilateral or multilateral treaties, and sets up the efficient mechanisms of the served judicial documents.