A Number Of Problems And Improvement Of China's Foreign Investment Legislation In "Post-crisis" Era

Our country is now increasing its efforts to implement"China's strategy of going out ". In order to ensure the strategy implement smoothly, there must be appropriate laws and regulations to support it, but China's legislation of foreign investment is deficient seriously. Therefore, how to regulate and protect the overseas investment behavior effectively is a big problem that we are facing, this paper will describe the construction of overseas investment regime by the following aspects:Firstly, This paper starts from the basis of"China's strategy of going out", and then introduces the meaning of"China's strategy of going out" and its formation, after that , it analyzes the relationship between " China's strategy of going out " and our national economics.Secondly, under the current financial crisis, the paper analyzes some major legal issues of the overseas investment we are facing; it includes issues of investment in access, treatment of investment, investment protection, environmental standards and labor rights and so on. With learning the international development of foreign investment legislation, it analyzes the legislative status of our country's foreign investment, so that we can find the inadequacies of the legislation in the field of china's foreign investment.At last, according to China's reality, and learning from the advanced experience in legislation of the United States, Japan and other countries, the paper makes some suggestions on foreign investment legislation, which involves legislations of overseas investment insurance, pre-investment regulation, post-investment monitoring, tax preferences for investment, and legislations of bilateral and multilateral investment, investment and environment, labor, as well as of anti-unfair competition and so on.