On Trims Agreement Elastic Content And The Improvement Of China's Foreign Investment Legislation

"TRIMs Agreement"(thereinafter named"Agreement") which eventually comes to an agreement in WTO frame, is the mutual compromise of developed countries and developing countries, therefore most of clauses of the Agreement are flexible. These flexible contents are the most controversial part of the Agreement. So it is very significant to make researches on the flexible contents of the Agreement and its legal problems not only for the future development of the Agreement, but also for foreign investment legislation of our country.This thesis is composed of three chapters. The chapter one mainly introduces the concept and classification of TRIMs, the conflict between advantages and disadvantages of TRIMs, the nature, origin, development and prospect of the Agreement, etc. The chapter two mainly discusses the flexible contents of the Agreement, including"Preamble", Article 1"Coverage", Article 2"National Treatment and Quantitative Restrictions", Article 3"Exceptions", Article 4"Developing Country Members", Article 5"Notification and Transitional Arrangements", Article 9"Review by the Council for Trade in Goods", ANNEX"Illustrative List", the problem of"National Treatment", etc. The chapter three analyses the present situation and characteristic of our foreign investment legislation. Through comparing the different point between our foreign investment legislation and flexible contents of the Agreement, the author puts forward the feasible advise to amend our foreign investment legislation including following parts: First, the goal, value orientation of legislation and the arrangement of flexible contents; Second, arrangement and assumption of legislative system; Third, the other legal problems about amending our foreign investment legislation on the view of flexible contents of the Agreement, such as the problem of how to use the flexible contents of the Agreement to amend our foreign investment legislation, the problem of flexible National Treatment and the problem of how to use the flexible"Exceptions"clauses...