Research On The Transformation Of The Foreign Investment Law In China

In operation of the national economic, adjusting the foreign-invested enterprises on the economicrelations of the legal norms can be summarized as "foreign investment law". From the reform andopening up, Chinese foreign investment law after a period of the planned economy to the socialistmarket economy during the transition, and develops with the deepening of economic reform.Although Chinese foreign investment law gradually change from the "identity" to "contract", but itstill retains the composition of the planned economic system. Current foreign investment law stillexists the impact of the legislation standards of ownership, and then it is not yet perfect to meet thetrends of the market economy. Thus, in the new stage of development of market economy, Chinesecurrent foreign investment law is once again faced with new challenges and changes. In2006,"Company Law" promulgated as a watershed, the modern enterprise system is to challenges thepresence of foreign investment law, and then it led to scholar’s public controversy for the existence orabolition about foreign investment law; Due to the aftermath of the2008financial crisis is not over, aphenomenon that foreign-invested enterprises escape in the middle of the night in China is moreintensified. And we are helpless to be faced with illegal evacuation of foreign-invested enterprises.The phenomenon more exposed that the systems of foreign investment enterprises law to punish theforeign-invested enterprises which escape in the middle of the night is inadequate; Another, inDecember2010,"super-national treatment" was officially announced the cancellation in China. Andthe calling for "national treatment" sounds more urgent, but the implementation of national treatmentrequires a long period of time. Therefore, when the "super-national treatment " has been canceled and"national treatment" is not truly, it has been imminent that we will formulate what a preferentialsystem for foreign-invested enterprises. On the above problems that foreign-invested enterprises lawis faced with in China, access to a large number of domestic and foreign literature, and according tothe reality of Chinese market economy development, the paper comprehensively uses the empiricalanalysis, comparative analysis and document analysis to present and analyze the shortcomings anddefects of Chinese current foreign investment law from the economic law, jurisprudence and historypoint of view. And thus for the foreign investment law effectively makes systemic changes in theproposal.First, the essay summarizes the nature of Chinese foreign investment law from the economicpoint of view.It should be a law that is based on market economy and national economic interests andsecurity as the core to adjust the economic relations about foreign investment. From the perspective ofjurisprudence, the selection of "simple two-track" legislative mode and the application of "national treatment" should be the legislative guiding ideology of Chinese current foreign investment law. Fromthe historical point of view, it certainly that foreign investment law worked the important contributionfor the rapid and healthy development of Chinese socialist market economy. From a practical point ofview, it reflects the new challenges that foreign investment law is faced with in the new situation ofeconomic development in China.Secondly, through the comparative study of the developed market economy counties’ foreigninvestment law and Chinese foreign investment enterprise law, we clearly see that Chinese currentforeign investment law is not only lack of legislative experience, but also lack of legislativetechnology. Thus, the positioning of the legislative goals, the choice of model legislation, theapplication of national treatment and the specific system of rules and other aspects need to be urgentlychanged. It is because of the above-mentioned problems, and Chinese current foreign investment lawcan not meet the further development of Chinese market economy and the development trend ofinternational investment law. Therefore, it has important implications that we learn the advancedlegislative technology and experience of those has developed market economy to change Chineseforeign investment law.Another aspect，combined with the stage of international investment trends and the status aboutthe development of Chinese market economy, the essay has a detailed analysis of the defects andshortcomings of Chinese foreign investment law. Because the value of the target is the highestprinciple of the foreign investment law, and the legislative model and the national treatment are thelegislative guiding ideology of the foreign investment law, and the integration of the integration of thelegal norms is a realistic way that the legislative guiding ideology draws the value of its goal toachieve, so it specifically start with the positioning of legislative goals, the selection of legislativemode, the application of national treatment and the specific system of rules and other aspects. Thus,from the above analysis of problems that foreign investment enterprise law exists, we can formulate aforeign investment law to promote Chinese market economy to develop.Finally, the most crucial step is to be based on learning the advanced legislative experience ofthose has developed market economy and to be in accordance with the status and trends of thedevelopment of Chinese market economy for sure the legislative prerequisite, the legislative guidingideology and the practical way of legislation, then to change specifically the value of objectives, themodel of legislation, the application of national treatment and the specific legal rules and norms. Whatthe purpose of the essay is to make systematic and constructive significance for establishing a foreigninvestment law with the times.