| Generally speaking, this paper can be divided into five chapters. The main contents are given from below: Chapter one deals with the definition and property of service and trade in service respectively. What's more, the background of the occurrence of GATS is also introduced. Chapter tow does some research in the reasons why GATS has the property of multilateral investment agreement. The paper gives three reasons which causes GATS to have the property of multilateral investment agreement. The first one is that international investment in service has a close relationship with trade in service. As we know, Service can not be laid up or transported, so international investment in service has great influence upon trade in service, which makes GATS which has the aim to realize free trade in service, has to take international investment in service into consideration. The second reason is that the supervision of domestic law has great negative influence on international investment in service which makes the aim of free investment in service ,as well as the free trade in service between countries not be able to be achieved. The third reason is that the developed countries which want to realize the aim of free investment between countries has great difficulties in making further progress in negotiation with the developing countries. Then the developed countries thought of a new way to settle the investment problems in WTO, because they can take advantage of their dominant position in trade and force the developing countries accept their high demands of free investment. Therefore, GATS has some property of multilateral investment agreement.Chapter three deals with the specific expression of the GATS's property of multilateral investment agreement from the aspect of thearticles of the GATS proper. Especially, the author studies some of the important articles, such as "most favorable treatment", "domestic regulations", "general exception" "safety exception", "subsidies", "permission of entry into the market", "national treatment".Chapter four deals with the current situations of China's foreign investment law of service from the aspects of entry permitting rules, supervision rules and the standard of treatment. As for the status quo of the entry permitting rules, after studying the limits permitted by law and the terms to get permitted, the author draws a conclusion as follows: for the limits permitted by law, our present foreign investment law places restrictions on or even forbid the foreign investors to invest in most of our service departments, such as telicommunications, finance, insurance. As far as the terms to get permitted is concerned, there are two such terms. The first one is restriction on the organic form of business. The second one is approval requirements. Maybe these two terms goes against the 16th item and the 4th item of GATS. As for China's supervision rules, the present status quo is not satisfactory either. The law makers of our country always pay much attention to entry permitting legislation, while neglect the legislation of supervision. If we compare our supervision system, supervision rules and the level of competence of our supervisors with the developed countries', we will find the gap is very big. For the current situations of the standard of treatment offered to the foreign investors, first, the author point out the fact that we offer the foreign investors favorable treatment as well as discrimination treatment. Then, he analyzes the social and economic reasons which causes this phenomenon to happen. After analyzing the entry permitting legislation, the supervision legislation and the standard of treatment, the author draws a conclusion about the defects of our current foreign investment law.Chapter five focuses on the improvement of our foreign investment law. First, the author analyzes the necessity and probability to perfect ourforeign investment law. Then, he comes up with the general thinking to perfect our foreign investment law. And then,... |
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