Study On The Legal Protection Of China’s Overseas Direct Investment

Along with economic globalization, counties deepen their economic linkages through foreign direct investment, which greatly promote their economic growth..In order to respond to the call of China’s accession to the WTO and "going out" strategy proposed, promoting China’s economic growth, more an more businesses and individuals conduct their overseas direct investment.China’s foreign direct investment development rapidly in recent years, but it gets a late start and a smaller scale compared with developed countries, which results in a very backward and a simple and relevant legislations, yet without specially foreign direct investment laws.This seriously impede booming foreign direct investment,making China’s foreign direct investment a low competitiveness, hitting the enthusiasm of foreign direct investors, and eventually adverse to our country’s economy. Therefore, in order to promote China’s economic growth, mobilization of foreign direct investors’ enthusiasm, it’s imperative to develop a comprehensive, scientific foreign direct investment legal system. This dissertation will offers proposals to improve our foreign direct investment legal system by analyzing the existing foreign direct investment legal system、bilateral investment treaty varied and multilateral Investment treaties,as well as successful experience of other countries.This dissertation is divided into four chapters:The first chapter makes an overview of foreign direct investment, including its definition and characteristics, figuring out the subject of the article. And then introduce the current situation the development process of foreign direct investment, coupled with a detailed analysis the reason of we needing foreign direct investment law;The second chapter is a introduce of the current situation of foreign direct investment, consisting of domestic law,bilateral investment treaties and multilateral investment treaties. Domestic law elaborating the norms on foreign exchange management, tax administration, financial management and other related rules,which is described in these five areas. Bilateral investment agreements means the agreements signed with the other country.As for multilateral agreement, it is introduced from the.Convention on Settlement of Investment Disputes between States and Nationals of Other States," "Convention on the Multilateral Investment Guarantee Agency" and agreements under the WTO TRIMs AgreementThe third chapter is the analysis of defects of the China’s foreign direct investment legal system, also introduced from the domestic law of China,bilateral investment treaties and multilateral investment agreements;The fourth chapter is the response to these shortcomings, learning from the successful experience of other countries, and put forward sound suggestions on aforesaid 3 aspects, combining with China’s specific national conditions.