Research On Legal Risk Prevention Of Overseas Direct Investment Of Central Enterprises

With the rapid development of China’s economy, State-owned key enterprises’’going abroad’and participating in competition in the international market is the only way of enterprise development, and is also the interest of state-owned capital-value maintain and increase. Therefore, researching and analyzing China’s key enterprises’s overseas direct investment legal risks, and know how to evaluate and prevent above risks, have important theoretical and practical significance. The paper starts from three historic development stages of Stated-owned key enterprises’ overseas direct investment, it respectively analyzes from four aspects of overseas direct investment, investment aggregate^ destination selection、industry selection and investment way, expounds the current situation, characteristics and existing problems of key enterprises’ overseas direct investment development, and then selects two typical losses cases of key enterprises’overseas direct investment, analyzes the basic situation and causes of losses, and gets a revelation of legal risk and prevention meaning, investment direction and prevention importance, then it focuses on analyzing the legal risk definition of State-owned key enterprises’overseas direct investment, analyzes main legal risks features of State-owned key enterprises’ overseas direct investment from regime environment and political environment changes, differences between domestic and foreign legal systems and insufficient protection of BIT to foreign investors in China, etc., and further analyzes legal risks concrete forms of State-owned key enterprises’ overseas direct investment from violating investment host country law, violating China’s law of investors and violating relevant international treaties. Finally, based on above analysis, reference abroad practice in legal risk prevention, the paper puts forward specific precautionary measures and suggestions to Chinese State-owned key enterprises’ overseas direct investment legal risk prevention respectively from levels of national government, non-governmental organizations and enterprises themselves.