Study On Regulation About Accession Of Foreign Investment In International Investment Liberalization

Development of globalization promotes internationalization of capital flow. In order to obtain more and more benefits in the world, developed countries promoted liberalization of capital flow. Developing countries adopted flexible accession policy. Recently, liberalization of international investment is a remarkable character in domestic laws, bilateral investment treaties and multilateral investment rules of WTO. How to achieve balance between regulation on accession of foreign investment and liberalization of international investment is an important subject in international investment law. China have establish a relatively integrate system of regulation on accession of foreign investment included entry domain of foreign investment, entry pattern of foreign investment, share proportion demand of foreign investment, investment measures and approving of foreign investment. Regulation on accession of foreign investment is an issue of the sovereignty of the host countries. National Treatment during course of foreign investment entry isn't popular. In order to find a way to maintain the balance between interests of country and liberalization of investment and achieve goal of regulation on accession of foreign investment, China should regulate entry of foreign investment according to economic development condition and level of market adjustment by itself. China should carry out liberalization of investment gradually and maintain the identity between domestic economic policy and accession policy of foreign investment. Concretely, China should adjust catalogue for the guidance of foreign investment industries in a seasonable time. Catalogue for the guidance of foreign investment industries should accord with programming of industry department. Problem of accession of foreign investment should be involved in programming of industry department and these measures should be consultation at approving by related administrative organ. In terms of legislation system, China can attempt to switch respective track of establishment of domestic enterprise and foreign investment enterprise onto limited combination track. These change will economize resources of legislation and cost of judicature, improve publicity of laws and effectiveness of regulation.