On The Foreign Advance Recovery Of Investment Regime

The Chinese-Foreign Contractual Joint Venture is the "Contractual Joint Venture" with Chinese characteristics, and the most outstanding legal character of it is permission for the foreign party's recovery of investment ahead of time, thus the system of the foreign party's recovering its investment ahead of time is a special system in the unique enterprise. The endless disputes of essence of the system and the diverse appraisals of its value make the system even more mysterious. Thus the author falls interest into deep and systemic research on it.This Article is divided into four Chapters:Chapter â…  of this Article expatiates on the origin and status quo of the system of the foreign party's recovering its investment ahead of time in order to interpret the system preliminarily and provide needed background information for further discussion.Chapter â…¡ explores the essence of the foreign party's recovering investment ahead of time and interprets the system profoundly. As for the essence of the foreign party's recovering investment ahead of time, it has long been discussed and there are various doctrines about it. The author criticizes the existing doctrines by analyzing the source of the bankroll and then gives his own view in this Chapter.Chapterâ…¢reviews the existing system thoroughly after the author disclosing the essence of the foreign party's recovering investment ahead of time in the former Chapter. The scope of application of this system, the modes of recovery, the protection of the Chinese party, the protection of the creditor of the enterprise, and the value of its existence have been reviewed. The author probes into the merits and faults of it, and comments on whether it should be abolished.Chapterâ…£provides suggestions to improve the system in allusion to the existent problems. The author puts forward suggestions on the following four aspects of the system: the scope of application, the modes of recovery, the protection of the Chinese party, the protection of the creditor of the enterprise.The conclusion of this Article generalizes the afore discussed contents, and retells the viewpoint.