The Study Of Legal Issues On Foreign Investment Access System

As the first regulations that foreign investments are to be involved when theyaccess a foreign country’s domestic market, the regulations of foreign investmentaccess is always the focus of the nations’ domestic legislations. With the economicglobalization, the international society is equipped with the tendency in attitude,which is more and more likely to encourage and attract foreign investments. Thecountries express their attitudes on their legislations with eliminating the limitationsin foreign investments access and establishing domestic policies to flexibly controlthe directions of foreign investment flow in order to make them have positive effectson the domestic economic developments. Under the guidance of the legislation trendin the international society, there have been a series of revolutions in relevantlegislations on foreign investments access in our country. This has been especiallyactive in recent years. The article mainly explains and assesses the lately relevantrevolutions in our country.There are three chapters in the article. The first chapter introduces the basictheoretical background of foreign investments access. The writer mainly specificallyexplains the concept, development, contains of foreign investment access, and brieflyexplains the reasons of its existence in the last part of the chapter. This chapter lays afoundation for the chapters followed.The second chapter continues the statements in the first chapter. It introduces and analyses some typical countries’ legislations on foreign investment access, whichinclude the USA in free type, Japan in loose type and India in limited type. Bycomparing the three countries’ legislations, this chapter concludes the legislationstrend in the international society, and merits and demerits in the three countries’relevant legislations in the current phrase. Our country should consider thecircumstance, refer the success of legislations in the other countries and avoid havingsimilar defects in our relevant legal system. We should base on our actual situations,comprehensively utilize the experience of the other countries to perfect our ownforeign investment law.The third chapter has four parts. The former three are the introduction of theforeign investment access regulations in our countries. The writer connects the foreignlegislations in second chapter and gives comments and advises on our relevant legalsystem. In the three parts, the writer has a special study on the Foreign InvestmentIndustrial Guidance Catalogue revised in2011, and leads to related conclusions. Theforth part is about some legal issues of foreign investment access, which is also aninnovation in this article. The writer bases on the situation of foreign investmentaccess regulations’ practice in the current phrase of our country, criticizes the judicialexplanation of Provisions of the Supreme People’s Court on Several Issues concerningthe Trial of Disputes Involving Foreign-Funded Enterprises (I), which is announced in2011by the supreme people’s court, and the regulations about civil investmentreleased by the State Council in2010, and confirm the meanings of the aforesaid newregulations in the legal practice.The final one is the conclusion part. The writer completes a final clean of theabove-mentioned contains, and emphasizes again the problems existed in the foreigninvestment market access regulations in our country, which makes the article morecoherent and easy to read.