The Confliction And Coordination Between Foreign Investment Enterprise Law And Company Law

Since China has promulgated the Foreign Investment Law at2000, the law hasnever been revised for more than ten years. It makes the greatly reduced of theefficiency，and can’t play the role of promoting the development of market economy.However, the Company Law have made a major revisions and have absorbed muchadvanced theory, that make a big distance with Foreign Investment Law. The differentof trajectory and modification process, which have caused difficulties for the judicialpractice. What is more, the “dual track” model of permitting both Company Law andForeign Investment Law has been run for a long time. Among them, the relevantprovisions have been intertwined with the conflicts and also numerous complexities.It makes the contradictions and conflicts between the reduced increasingly significant,which already cannot satisfy the needs of the development of market economy. So,this is an urgent need to solve the problem of conflict between them in legislation.Research of this paper is aimed at the problems existing in the legal norms andjudicial practice, and according to the empirical analysis of the conflict of laws,combining with the practice of foreign enterprises in our country, then to put forwardfeasible Suggestions. This paper is divided into three parts to study: the first part,through the specific case lead to conflict problems of the foreign investmententerprise law and company law; the second part, mainly analyzes the foreign capitalenterprise law and company law conflicts of norms and empirical appearance of theconflict; the third part, put forward the perfect recommendations at law.In this article, through systematic analysis of contradiction and conflict betweenforeign investment enterprise law and corporation law, excavates its deep reasons,and then puts forward the feasibility of the solution, in order to promote both theseamless docking.