On The Legal Environment And Regulation Of National Treatment For Foreign Investment In China

"National Treatment" principle is one of the principles advocated by WTO, which is specifically embodied in a series of main legal documents of WTO. It will enable the government of member state to create a legal environment of equal competition for foreign and domestic investors.As a member of WTO, China's economic law system should be inaccordance with the principle of National Treatment of WTO. However,two misconceptions in the relative economic law system of China havehindered the fulfillment and implementation of it, one of the principles ofWTO, especially compared with that in the eyes of foreign investors,"National Treatment" in the current legal system of China hasn't achievedunanimity. Thus, after the entry of WTO, in order to carry out the promise,China should create a legal environment which is characterized withunion, stability, transparency and predictability within the framework ofWTO and an economic law system of China in which different marketeconomic bodies can enjoy the identical status and treatment, cooperatewith each other and achieve the coherence. So, different domestic marketeconomic bodies should enjoy the same legal status, and a genuine legalenvironment of "National Treatment" should be created, which is aprerequisite to the practice of "National Treatment" for foreigninvestment. Additionally, foreign and domestic investors should enjoyidentical legal status, gradually changing the phenomenon of super-"National Treatment" and sub-"National Treatment" in China. When the growth of economy and the development of legislation get ripe, with the purpose of making foreign investment law merge into economic law system of China, foreign investment should be regulated in terms of legislation to alter the management of foreign investment from micro-legislation by enterprises to macro-legislation by government, developing the law of foreign investment enterprises into the law of foreign investment management. Only by achieving the above-mentioned goal can the foreign investors enjoy the same "National Treatment" with different domestic market economic bodies in the true sense. This article makes a comprehensive illustration to the issue with the help of different research methods such as analysis, illustration and explanation, etc.