Study On The Legal Protection Of The Interests Of Enterprises On Overseas Investments

The overseas investment of China was begun at the end of70s of20th century. Itgo through the exploring period, beginning period., developing period and high speeddeveloping period. Until2010, the net direct investment abroad amounted toUS$68.81billion. This number exceeds some traditional overseas investment countrylike Japan, Britain. It was also the highest of the history and placed the5th all over theworld. Although the amount of Chinese overseas investment was keep growing, butthe profit was not so optimistic. This article will analyze two typical failure cases ofChinese overseas investments and summarizing the reason. The first one is lack of themanagement and insurance of overseas investment. It can`t guide or restrain thebehavior of our overseas investment and sharing the risk of the failure of investment.The second is the bilateral investment treaty between China and other country are notenough, just involve some country and area and most of them are protecting the profitof the host country.In this article I will analyze though the cases and theory of law and try tostrengthen the profit of overseas corporation of China Company from the domesticlaw and international law. This article is including five parts except the introductionand conclusion.The first chapter is introducing the definition and characteristic of overseasinvestment. It will definite the meaning of overseas investment and point that this investment will managed by both the host country and investor`s homeland.The second chapter is introducing the development processing and currentsituation of Chinese overseas investment. China overseas investments are the productof our reform and open up. It has gone through four periods from the beginning tohigh-speed developing. And now the overseas investment is on the peak form andplaced5th all over the world. And the most of object country that our companies dothe investment are developing counties. The state-owned enterprises have a largeproportion of all the overseas investment enterprises.The third chapter will analyze and summarize two typical failure cases and find thereason which is lacking of management law, insurance and the bilateral investmenttreaty are unscientific.The fourth chapter from constructing China’s overseas investment managementlegislation and overseas investment insurance system as a starting point, analysis theChina’s overseas investment management legislation and the correspondingimprovement Suggestions; From constructing China’s overseas investmentmanagement legislation and overseas investment insurance system as a starting point,analysis of China’s overseas investment management legislation and thecorresponding improvement suggestions;The fifth chapter will analyze the bilateral investment protection agreement thatour country has concluded, draw out that if our government will become the back upof China’s overseas investment to against the host country of the political risk, thegovernment will further strengthen and perfect concluded bilateral investmentprotection agreement. It also gives some suggestions to the improvement of bilateralinvestment protection agreement.At last I will made a general summary though the analysis the conclusion of the fivechapters.