Foreign Access To The Legal System In China In The Wto Framework Study

China's entry into the World Trade Organization will have great influence on the construction of china's legal system. According to China's promise, the laws, regulations and reform measures concerning investment should assure to be enforced under WTO rules. Although China has successfully entered into the track of Socialist Market Economy, China is still a developing country in the course of economic transformation. The present legal system of foreign direct investment (FDI) admittance is not in accordance with market economic regulations and WTO rules. Therefore, the construction of China's legal system concerning FDI admittance should take economy globalization and China's developing level into consideration, make full use of favorable treatments given by WTO, and follow the principles advocated by WTO, such as the principle of national treatment, the principle of transparency, and the principle of free market admittance, etc.This thesis is composed of four parts, as follows:Part Ⅰ introduces basic theory concerning Chinas FDI admittance. The author gives out the definition of FDI and its admittance which includes not only "Rights of Admission" but also "Rights of Establishment", and then expatiates on China's advantages in natural resource, economic resource and large market, which favor China's attraction of FDI to step up economic development. According to WTO rules of international investment, the policy concerning FDI should be impartial.Part Ⅱ focuses on China's new strategy after China's entry into WTO. For China's FDI admittance, entry into WTO is not only an opportunity but also a challenge. Based on China's large market, low human cost and good political social environment, especially the policy of opening-up, the new strategy to be taken should keep China's sovereignty intact, protect national and new industries, carry out thestrategy of Western Exploitation, and follow the principle of national treatment.Part Ⅲ focuses on China's legal system concerning FDI admittance under WTO rules. The author analyses the defection existing in present legal system concerning FDI and then expatiates on China's legal system concerning FDI admittance under WTO rules. The legal system concerning FDI mainly lies in GATs and TRIMs, which advocate the principle of national treatment as the fundamental principle of WTO. FDI admittance has a lot to do with FDI treatment, and in practice, they are the same. Other WTO rules also affect FDI admittance. The examination and approval system of FDI admittance do good to establishing impartial market order.Part Ⅳ focuses on the construction of China's legal system concerning FDI admittance. China's present legal system concerning FDI admittance is disorderly, unsystematic, and in conflict with each other. What is more, it is against the market economic regulations and WTO rules, especially, the principle of national treatment. Therefore, China's legal system concerning FDI admittance should be constructed under the principle of national treatment and other WTO principles. Based on all of the above analysis, the author puts forth some specific advices on how to construct China's legal system concerning FDI admittance.