To Improve The Legal Risk Management Of The State-Owned Enterprises' Foreign Investment Based Rio Tinto Case

Along with the development of economic globalization , China's state-owned enterprise of foreign investment continuously exceeds a new step,and occupies an important position in China's foreign trade. Especially after financial crisis, many countries have adopted various forms of trade protectionism, in different degree, to limit the development of foreign trade .Hence, the status of foreign investment appear more important and complex .As is known to all, foreign investment is far different from domestic .Need to face many risks ,legal, foreign exchange policy, nationalization and so on. The Legal risks are not known to us, but their influences on the enterprise are very serious. In fact the legal risks can be preventive and controllable, which produce loss could have been avoided .Strengthening the legal risk of early warning and precautions, should arouse the masses of overseas investment enterprise value .This title based on the current Chinese state-owned enterprises foreign the legal risks faced, Comparing with other countries'preventive methods, learning from foreign advanced experience. And provide active law countermeasures for our country enterprise external investment legal risk management .Formation of a scientific and rational precautionary idea and Meanwhile trial-implement a feasible and can be applied to the practice of enterprise concrete prevention system.The first part of main theoretical background and basic concept is introduced. Based on the definition of foreign investment enterprises are summarized. Then a simple introduction of foreign investment in state-owned enterprises, development survey and the background of China's economic role will be made. At last, analysis of the financial crisis in our country state-owned enterprises under the development situation and foreign investment facing legal problems . Make some Suggestions to deal with the necessity and urgency of these risks .The second part , find the necessity from Rio Tinto case derivation of the state-owned enterprise legal risk management. From the analysis of this part of the case of Rio, through the research of stacking-type group, our country government, the Australian government and Rio Tinto firm's methods, explore the reason that state-owned investment has been defeated , the main legal risks types and risk characteristics and the effect for Chinese state-owned enterprises and foreign investment . This will be discussed after the comparison of the blackboard .The third part is to study the comparison of foreign investment abroad developed countries legal risk management . Measures of Foreign investment in China law state-owned risk management are single and simple. In contrast, most European and American countries have perfect overseas investment protection law system . Their Overseas investment of insurance and overseas investment guarantee are in the forefront of the development . Meanwhile, European and American countries actively participates in the international trade rules of the system . Strive for domestic enterprises overseas investment to provide good international legal environment.In addition, these countries actively guide enterprises law establish inside legal risk prevention system, and have accumulated many science effective tactics in the external investment legal risk. Based on the through comparing, this article summarizes the experience of advanced western countries to help our state-owned enterprise perfect the system of the reference.The fourth part is the think of construction that state-owned enterprises in China of foreign investment legal risk prevention system need to be made. In this paper is the application research achievements .Combining above analysis of actual case and the European and American countries such as preventing experience, Summarize state-owned enterprises foreign investment legal risk occurrence regularity. Thinks of Chinese enterprises in foreign investment laws risk prevention of system adjustment and improvement .Discusses the government and industry organizations, host country in which all parties should play a positive role. The emphases are on enterprise preventive countermeasures induction and generalization . Then help enterprises to establish practical foreign investment legal risk management mechanisms.