Research On The Legal Issues Of Foreign Dormant Investment

Benefit from the reform and opening up policy, China’s economy has been developing rapidly, by opening up the market, introducing foreign capital, the employment problem has been solved, China has become the engine of world economy. China has created a favorable investment environment for foreign investors, foreign investment continue to grow, at the same time, the problem has cropped up. Especially, foreign dormant investment caused many theoretical and practical issues. China’s existing laws and regulations provide for some rules on foreign dormant Investment, but it is still not clear enough, it need to be improved. Thus, it is very necessary to research on the issues of foreign dormant through the combination of theory, legislative and judicial practice.The first chapter introduces the general situation, characteristics, and reasons of foreign dormant investment, the second chapter analyses the potential legal risks of foreign dormant investment, and divides the disputes it caused by types, the third chapter describes the current law on foreign dormant investment in our county, and summary the disputes settlement patterns in judicial practice of foreign dormant investment through empirical analysis of cases, the fourth chapter analyzes the protection of each parties’legitimate interests in foreign dormant investment relations, and combined with judicial reform of Shanghai Free Trade Zone, to propose recommendations on the specification of foreign dormant investment.