Research On Access System Of Foreign Investment Of China

In the late 1980 s, with further liberalization accelerating, every country enlarged the range of foreign investment, formulated incentive policies and improved the foreign investment environment. At the meanwhile, the developed country vigorously promoted the multilateral and bilateral investment agreement negotiations and advocated the liberalization of investment which aimed to have access to the broader market of the developing country and break the barries that hindered the flow of capital. Consequently,the traditional theory of international investment is now being questioned. The developed countries which taking America as a typical example persisted in the national treatment on the entry of foreign investment and took it as the basic principles of bilateral investment agreement. The jurisdiction on investment of the developing country is gradually weakening.China, is one of the primary capital inflow nations and its foreign investment legislation attract so much focus. The current foreign investment legislation is obviously not in consistent with the development trend of international investment. This article starts from the basic theory of foreign investment access system, and has analysis on the current system of China which consists of domestic law and bilateral investment treaty. At the meanwhile, it makes comparative studies of different countries and bilateral/multilateral investment treaty, which tends to put forward suggestions to the current foreign investment access system of China. This article includes four parts:The first part analyses the theory of foreign investment access system,including meaning,content, basis on the international law of foreign investment access system. The second part plays emphasis on the content which consists of domestic law and bilateral investment treaty. Then analyses problems of current foreign investment system of China. The third part consists of comparative study of legislative law of other countries and bilateral and regional investment treaties, which leaves some lessons to our legislative practice. The final part are suggestions put forward on the basis of the content of late three part, which includes rebuilding of legislative cognition, suggestions on domestic legislation and suggestions on international legislation.