Research On The Legal Issues Of Foreign Enterprises' Illegal Divestment

The influx of withdrawal on foreign investment had a serious impact on our economy which was triggered by the international financial turmoil. Began in late 2007 the U.S. sub-mortgage crisis, especially the "three-capital enterprises" overseas investors ran away throughout one night, which dramatically harmed the property of citizens, national interests and social order. How to accurately understand a series of legal issues brought about by the illegal divestment of foreign capital, and take necessary measures to timely and effectively deal with the international financial crisis, and conduct some preventive preparation for future crisis is the issues we should consider as lawyers. Through investigating and studying in some regions where divestment phenomenon occurred frequently such as Shandong, Beijing and Fujian, selecting a few typical cases to summarize and employing the research approaches such as the case study, statistical and economic analysis as well as other analytical methods, taking the impact of illegal divestment on our national economy as a starting point, the three main legal issues would be summarized as a result of illegal divestment The existing legal provisions have different degrees of impairment facing these problems. Finally, aiming to resolve these issues and make up the institutional defects countermeasures would be put forward respectively.There are four main parts of this thesis, as follows:Part I summarizes and analyses the phenomenon, reason and impact of foreign-capital enterprises'illegal divestment. After statistically analyzing the specific data released by official website shows that the illegal divestment flood is coming before and after global financial crisis in 2008. And briefly analyze the seriously negative effect from the phenomenon of the flood caused to our country economy, policies and employment;PartⅡemphatically analyzed the taxation problems caused by the illegal divestment. Tax issues mainly include owing tax and the problems of preferential tax treatment. While the existing legal regulations do not solve these problems perfectly, aiming to deal with these loopholes in the laws, this part puts forward the countermeasures to resolve these tax issues.PartⅢmainly analyses the liquidation issues after the foreign-capital enterprises illegal divestment. Compared with the requirement that the enterprises shall terminate in legal liquidation procedures, the problems of illegal divestment mainly contain issues of the startup, the scope of liquidators, the liquidation time and the protection of the creditors'interests. Combining these problems with deficiency of current laws, this part puts forward some tentative strategy to resolve the problems above.PartⅣelaborates the legal problem of transnational litigation of re-levying debt by creditors. There are jurisdiction issues, cost issues and recognition and enforcement of judgements'issues. China should strengthen judicial cooperation with the main investing countries and establish a perfect multinational litigation system as soon as possible.Finally, the thesis concludes some preventive measures to avoid the phenomenon of illegal foreign divestment happening again, provides some suggestion and makes some future prediction.