Study On Mechanism Of Protecting The Rights&Interest Relevant To Inheritance Of Overseas Chinese Equities

Since the country was founded, preferential policies have been successively promulgated to attract the Overseas Chinese to return home for investment and business operation. After the reform and opening up in particular, with a more stable domestic political environment, the Overseas Chinese have been unprecedentedly passionate in such investment, and the fund, production techniques and management experiences brought back by them have been playing a significant role in the political, economic and cultural sectors etc. of China. As years go by or with occurrence of contingencies, however, the decease of these return investors is inevitable, so the inheritance of the wealth created and accumulated during their investment&business is becoming more and more troublesome.This paper focuses on the inheritance of equities left in joint ventures limited that were established with investment of the return Overseas Chinese, makes positive analysis on the problems and barriers encountered by their current heirs when inheriting the equities, based on current Chinese laws and regulations and incorporating the cases experienced by the author in jurisdiction practice, makes further analysis on the causes behind such issues and puts forward such suggestions as improving the legislation. It’s expected that such issues can be smoothly resolved in the future, legal interests and rights of Overseas Chinese effectively protected, which enables them to continue their contribution to the sustainable development of China. Except the Forward and Conclusion, the whole paper can be divided into five chapters;Chapter Ⅰ, briefing the historical development of Overseas Chinese, and introducing the definition of the status of Overseas Chinese in laws as well as the principles for protecting their interests and rights;Chapter Ⅱ, describing the current Chinese legislation on protecting the rights and interests relevant to inheritance of Overseas Chinese Equities and analyzing the existing problems related to such legislation;Chapter Ⅲ, started with the foreign capital approval system, describing and analyzing the current administrative law enforcement against the disputes arising from inheritance of Overseas Chinese Equities, and disclosing the existing problems related to such administrative law enforcement;Chapter IV, through narration of the cases handled by the author, analyzing the barriers and confusions encountered in judicial practice related to inheritance of Overseas Chinese Equities, and indicating the existing problems rising from such judicial practice;Chapter V, for the concerns mentioned above, endeavoring to make some exploration and ponder on how to perfect the mechanism of protecting the rights and interests relevant to inheritance of Overseas Chinese Equities, and putting forward well-grounded advices and countermeasures. The final objective herein is to achieve due protection for these rights and interests, for their passion in investing in their beloved country and homeland, and to encourage them to continue their hot investment&business, making new contribution to the sustainable development of China and joint realization of the great rejuvenation of the Chinese nation.