Study On Legal Risks Of Foreign Enterprises In Chinese Transition Period

China’s reform and opening up went along with the process of foreign enterprises’ investing in China; the investment of foreign enterprises played an important role in the development of China’s economics. As the paradise of investing, China has been the No.1 FDI country in the world for a long time, but now, after the global financial crisis, China’s government puts reforms on economic structure, transformation of government functions and judicial system, means China has entered a transition period.As China’s market system is gradually improved and reforms are into the deep-water period, the economic and legal environment of foreign investment in China is facing huge changes: the disappearance of cheap labor and preferential policies, foreign investment laws, regulations revised frequently and the transformation of supervision mode of foreign enterprises makes foreign investors and foreign enterprises face numerous pitfalls on the path to invest in China. While the maturity of market system and improvement of legal system doesn’t mean the decrease of legal risks, but bring more legal risks in investment institutions and risks arising from foreign investors behavior.Therefore, there are some questions relevant to foreign enterprises in China need to study and solve, which is how to prevent and solve the legal risks under the new situation to share profits of new reforms.This paper attempts to: holds foreign investment access-operation- evacuation as three stages as the main line, combining with relevant laws and regulations after 08 global financial crisis to analysis legal risks of foreign enterprises-the legal risks of access permission, legal risks in National Security Review program, legal risks of VIE structure under the <Foreign Investment Law(draft)>, legal risks due to the lack of law-abiding consciousness, legal risks due to the new environmental law and intellectual property management and legal risks in the process of evacuation.After analysis, this paper tries to put forward some strategies to against these legal risks from behavior and in laws and regulations, these two different perspectives, and also giving some suggestions and predicts in transformation of supervising pattern of foreign investment under the new < Foreign Investment Law(draft)>, to expect foreign companies in China as much as possible into a normative, orderly and healthy development track.