On Legalization Protection Of Taiwanese Investment In Mainland China

The cross-strait economic and trade relations keep a stable and healthy development momentum since the Reform and Open. The Mainland and Taiwan have introduced a number of legal norms in order to adjust the different periods of Taiwanese investment in China and production activities. But they followed the different approaches in values of the legislative intent, in the normative content and adjustment measures; meantime, the adjust system on both sides are differences and changes at different times or in different regions. In order to improve the adjust intensity and control accuracy of the protection of Taiwanese investment in mainland, need to fully observe the objective situation of Taiwan investment in mainland China, to respect the objective order, and construct a reasonable, fair and just legal order that based on the maintenance of the legal structure.The complementary of cross-strait economic structure determines the necessity of absorption and protection of Taiwanese investment in mainland China, the protection practice of two sides concern the Taiwan investment in mainland China are subject to the constraints of the political economic and social factors. The most critical problem of the protection of Taiwan investment in mainland China is not lack of protecting means, not of the protect force is not strong enough, not of the protection system is not perfect, but the protection of Taiwanese investment has not incorporated into a rational、orderly、and stable legal system track. In other word, the real problem concern the Taiwan investment in mainland China is not lack of protection or protect too more, but the standardization and legalization of protect. The policies、laws、norms、systems and measures about the protection of Taiwanese investment in mainland China both in Taiwan and in mainland China are too subject to political、social、and economic power structure directly or indirectly. Such this intervention and influence prevented the legal process develop of Taiwanese investment in mainland China.Firstly, by combing the emergence and development trend of Taiwan investment in mainland China, determine the real state of adjustment object and set up a comprehensive and reality basis for the for the following study; secondly, by combing the different attitudes and policy choices about Taiwan investment protection of both sides at different stages and in different regions, and the reflect of such attitudes and choices on the decision-making in the legislative norms, and the impact of it on the adjust practice, try to use the structuralism method to clarify the political factors, economic factors and social factors that are implied in the attitude-, polices and measures of protection; combined the regulate analysis about the main contents of the relevant legal norms of both sides; finally proof the rationality and necessity of take the protection of Taiwanese investment in mainland China into the legal process, and proposed the guiding ideology and develop direction of the legalization of the protection of Taiwanese investment.