Research On The Merger Of Foreign Merchant’s Investment Law And Company Law In Our Country

Foreign merchant’s investment law, enacted in the beginning ofChinese reform and opening up, has provided legal protection for thesmooth implementation of this policy and rapid economic growth.However, because of the historical reasons and lack of understanding,there exists the "dual track" mode for the existence of foreign merchant’sinvestment companies and domestic companies, foreign merchant’sinvestment law and Company Law. With the gradual improvement of thein-depth development of China’s socialist market economy and legalsystem, this model cannot meet the needs of today’s economic and socialdevelopment, but also take many difficulties in the application of the lawin Substantive Departments of Justice. Therefore, the merger of foreignmerchant’s investment law and Company Law in our country seemsnecessary. Artical218in new Company Law of the year2005based onoriginal artical18in Company Law of the year1993tries to achieve thebreakthrough, but it’s only a desire ultimately.In today’s world, the competition of company system determines thelevel of international competitiveness of national enterprises in a certainextent, so the merger of foreign merchant’s investment law is particularlyurgent. It can be said that the merger of the two laws must be face tosolve in the modification of the Company Law. The basic idea of thisresearch based on this background is providing some reference to the merger and the future united company law through these methods:"merger" is the theme, its necessary and feasibility is the precondition, thedefect of foreign merchant’s investment law is the support, the companylaw in developed countries is learned. What is more, it can be contributedto the merger of the two laws, learned the company law of developedcountries, by the study of the funded system, the registered capital system,the powers of the Board System, the enterprise union system, the sharetransfer system, and the coordination of branch offices established byforeign merchant’s investment companies and foreign companies.