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On The Contact Of Abnormal Withdrawal Of Foreign Investment In China In Financial Crisis

Posted on:2012-10-17Degree:MasterType:Thesis
Country:ChinaCandidate:R Y ChenFull Text:PDF
GTID:2216330338458039Subject:International Law
Abstract/Summary:PDF Full Text Request
In recent years, with the massive global economic crisis broke out, makes only a small amount of the original appears the phenomenon of abnormal withdrawal of foreignshort trend showing a surge in such short period of time a large number of abnormal withdrawal of foreign capital led to many of our Areas, particularly in trade-based economy as the main pillar of the coastal economic development zone face enormousrisks and challenges, and to the local community caused by an extremely unstable state. Meanwhile, the local courts to entertain such cases in the absence ofappropriate guidance of legal norms, combined with the number of cases is too concentrated, also had a lot of problems to be solved.At present, the problem for the withdrawal of foreign non-normal no special laws and regulations and judicial interpretations to be regulated, only the November 19,2008 by the Ministry of Commerce, Ministry of Foreign Affairs, Ministry of Public Security and Ministry of Justice jointly issued the "abnormal withdrawal of foreign capital in Chinastakeholders Transnational Investigation and litigation guidelines "to make a small amount of provision to relieve immediate needs. And many academics and scholars is based on the "guidelines" as the basis, with actual cases, the first analysis of the normal withdrawal of foreign non-main concept of this phenomenon to a clear academic definition; then analyzes the main features of the phenomenon or manifestation; Furthermore, the causes of this phenomenon, foreign investors should bear the legal responsibilities and so on; eventually propose appropriate solutions.However, I believe, the study of non-normal for the withdrawal of foreign Causes shallower depth of the studied solutions are too general and difficult to resolve quickly and effectively the problems faced now. So I hope that through this article on the concept of abnormal withdrawal of foreign capital to be re-defined analysis of the main forms and legal nature; to form the most complex object-depth study of transnational corporations as the main manifestations of this problem and the forms underaccountability methods; of abnormal withdrawal of foreign capital should bear the legal responsibility; then focuses on one of the most complex form of cross-border insolvency issues under the Responsibility; next by analyzing the domestic and foreign existing law, to find the existing institutional defecontent of the above, proposed for the withdrawal of foreign non-normal effective solutions, both for the domestic regulation of foreign capital and foreign legislative proposals to revise and improve, but also for international cooperation to jointly cope with the idea of such issues. In addition, I hope to be able to achieve the above objective of international cooperation to provide the theoretical basis of international law.
Keywords/Search Tags:abnormal withdrawal of foreign investment, Super National Treatment, International Insolvency, Bilateral mutual assistance agreements
PDF Full Text Request
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