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Study On Legal Issues Of Regulation On Round-tripping Capital

Posted on:2013-03-25Degree:MasterType:Thesis
Country:ChinaCandidate:X XuFull Text:PDF
GTID:2246330377454097Subject:International Law
Abstract/Summary:PDF Full Text Request
According to some analysis,large-scale increase of the round-tripping capital,as grew up under the economic transition circumstances,has negatively impact our country economy. This article analyzed the relations between round-tripping capital and overseas listed abroad and classified some important laws and rules.Meanwhile,this article also analyzed the the legislative supervision on round-tripping capital and tries to give constructive suggestions from the angle of international investment.The innovation of this article has the following points:First of all, the round-tripping capital is just usually a problem which is incidentally mentioned in the research of capital flight, but this article is doing the research of round-tripping capital Secondly, the article, with the hottest issues which is the Wall Street short China stocks leading China government legal credibility crisis, indicating that the legal and regulatory on round-tripping capital still remains some blank areas. Thirdly, in this paper,the laws and regulations with round-tripping capital are classified. Specially,the"19th file" is the research object in foreign exchange regulations, the enterprise Income Tax Law is the research object in tax regulations.Fourthly,the article mentioned the extraterritorial regulatory effectiveness on the round-tripping capital which is a cross-border flow of capital.Fifthly, the article also analysis the capital market law from the perspective of the Public and Private Law.The main content of this paper is divided into four parts.The first part is the basic theory of round-tripping capital.The second part is devoted to legal and regulatory status and problems of the round-tripping capital in China.The third part is the supervision of the international community to round-tripping capital.The fourth part is a round-tripping capital in China legal and regulatory system build,In summary,China should take its own advantages on the scale economy,region economy, excellent human resources,clean and efficient government services,good infrastructure and so on in the international competition of attracting foreign investment.The valuation of this article at least has shown as following aspects below: Firstly, whether as a country, which is considering as a cross-border capital outflow country,or as a cross-border capital inflow country,China should configure its own regulatory powers according to goals of regulatory and make its effort to the supervision of round-tripping capital more reasonable and effective. Secondly, it should improve the legal status of foreign companies. For those companies controlled but by overseas (especially offshore financial centers), special purpose company set up in China, can be considered in information disclosure, corporate governance, to make more stringent requirements. Thirdly, China’s in on the capital market regulators to develop a special regime, to make provision for the round-tripping capital return to supervision.
Keywords/Search Tags:Off-shore Company, Special Purpose Company, Round-tripping Capital, Legislative Supervision, Off-shore Finance Center
PDF Full Text Request
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