The Legal System Of China's Overseas Investment Monitoring Study

The economic globalization has formed a new tend today, and international investment has taken the place of international trade as the main impetus to promote the international economy. With consideration of these factors and China's practice of overseas investment, this dissertation explores some problems in the approval, examination and supervision of overseas investment of our country.The whole dissertation consists of four parts.In part one, the dissertation firstly introduce the definition of approval, examination and supervision system should constitute the main part in the current overseas investment of China. Then it stresses the critical importance of such system to develop overseas investment effectively.Part two focuses on a comparative analysis of the history and current trend of law for overseas investment in other countries. A comparison is made not only between developed counties in their internal law systems for promoting overseas investment, but also between the legal systems of developing countries to restrict overseas investment, and the internal making of law to protect each country's overseas investment, mainly through establishing internal investment guarantee system. Such kind of comparison will be very helpful to establish our approval and supervision system in this regard.In part three, the dissertation summarizes the history of approval and supervision in China, introducing current situation of both international and internal legal construction of our country's overseas investment, and analyzes systematically the existing problems of China's legal constructions in overseas investment. These problems embrace the incorrect guiding ideology in the making of law, the lagging legislation, the low-level in legislative stage, the incomprehensive legislation, unscientific and lacking in the legal protection of capital sources, uninformed supervision of state-owned capital in other countries, imperfect management system, obscure responsibility for foreign investment, backward mechanism for internal and international enterprises, incompatibility between internal and international laws, unscientific policies and strategies for overseas investment, low-qualified personnel wording in other countries and so on.Based on the previous parts and the successful experience of other countries'in the legal construction of overseas investment, Part four systematically proposes a blueprint for establishing and improving legal construction of China's overseas investment. This blueprint is a sum-tip of the existing experience of China's legal construction in overseas investment, and a salutary lesson as well from the successful experience of other countries. It mainly focuses on approval, examination and supervision construction of overseas investment. More specifically, it describes the necessity, goals, principles and strategies for promoting China's overseas investment and shows a framework for the construction of general internal laws for approval, examination and supervision of overseas investment, which may be composed of : Law of Overseas Investment Study, Law of Overseas Investment, Law of Income Taxes form Overseas Investment, and Law of Bank on Overseas Investment. It also gives a sketch of the key internal laws for foreign investment--- Law of overseas Direct Investment, Law of State-owned Asserts Management in overseas Investment, and Guarantee System for Overseas Investment. This part also explores the role and functions of overseas investment in China's socialist construction. Finally, it makes a systematic analysis of both international and internal conditions for China to develop overseas investment, and proposes a strategy for China's overseas investment development, including guidelines, objectives, regional strategy and professional strategy.