On Problems Of Foreign - Invested Enterprises In China's Legal System

China has developed gradually its rather integrated legal systems as to foreign-invested enterprises (F.I.E.) since its first law for using foreign capitals The Law of the People's Republic of China on Chinese-Foreign Joint Ventures. However, Chinese laws regulating foreign capital are enacted individually by the central and local government, are enacted differently from those laws regulating domestic capital. This causes Chinese F.I.E. laws to be a legal system consisting of a bundle of laws and regulations with many problems. This article will analyze problems arising from the areas of establishing, changing and terminating foreign-invested enterprises and its management, and will make proposals for resolving the main problems. This article includes eight chapters other than Introduction and Conclusion.Chapter One: General introduction to Chinese legal systems as to foreign-invested enterprises. This chapter introduces Chinese main legislation about F.I.E. and points out the defects in the legislation, then comments on many scholars' proposals for Chinese F.I.E. legislation. Lastly, the author argues that our country should make uniform legislation about F.I.E..Chapter Two: The organizational forms and its special characters of F.I.E.. F.I.E. are regulated individually according to different kinds, and there are broad and narrow definitions of F.I.E. and three kinds of legal liability forms of F.I.E.. Additionally, this chapter introduces four special kinds of F.I.E.: foreign-invested investment corporation, foreign-invested group enterprise, BOT project corporation and branch established in China by foreign corporation, and analyzes problems related to those four special kinds of F.I.E..Chapter Three: Registered capital of F.I.E.. This chapter deals with three main problems related to registered capital of Chinese F.I.E.: legality issue, national treatment issue and "25(" proportion issue.Chapter Four: Contributed investment of F.I.E.. The contribution term issue and contribution means issue are discussed in this chapter. The legislative defects in this field are pointed out after the legislation is analyzed. And, this chapter stresses discussing the legal question of contributing high technology as investment.Chapter Five: Domestic investment by F.I.E.. This chapter discusses individually the legal questions of general F.I.E. and domestic investment by F.I.E. after the concept of domestic investment is clearly defined.Chapter Six: Examination and approval of F.I.E.. It is necessary to keep the legal system of examination and approval of F.I.E., so this chapter discusses the legislation about the authority of examination and approval, the competence of examination and approval and the procedure of examination and approval, and points out the aspects that should be improved.Chapter Seven: Merger and division of F.I.E.. Since Chinese Congress doesn't make legislation about merger and division of F.I.E., this chapter discusses the legal questions of merger and division of F.I.E. under the regulations enacted by the relevant Ministry, and stresses analyzing six issues about merger and two issues about division.Chapter Eight: Liquidation of F.I.E.. This Chapter deeply analyzes the legal questions related to the liquidation of F.I.E. in China.