The Study On The Legislative Purpose Of Chinese Foreign Investment Law

The purpose of legislation is the explicitness of the soul in a law,the purpose of legislation as the starting of legislative process,determines the necessity of the existence of a law;It affects the position of a law in the legal system,determines the effectiveness of the law;It command internal system,determines the rationality of the law.The purpose of foreign law legislation is no exception,its inevitable must be the basic national conditions,the main contradictory response,under the consideration of various values,the state of law should pursue the state.The introduction of capital and advanced technology and the purpose of foreign law went through the use of foreign capital in the whole process.Although the use of foreign capital after China's economy has made significant development,there is no practical solution to China's high-tech backward situation.Market can't truly exchange for advanced technology.The purpose of legislation on foreign investment law emphasizes the encouragement of foreign investment and the protection of foreign interests,which leads to unfairness to domestic capital.As a result of regional economic development imbalance,led to the local government in the use of foreign investment in the vicious competition,resulting in waste of resources,environmental pollution and other long-term interests of the reality of the country.In foreign-funded mergers and acquisitions of domestic enterprises,there are over-reliance on foreign investment,foreign investment theory of the wrong view,resulting in some industries in the real job opportunities in the real reduction of state-owned interests damaged,the demise of national brands and other consequences.And the government's short-sighted behavior,led to the uneven development of our region,the lack of national brands,high-tech enterprises,small and medium-sized enterprises and other special protection,leading to our country's competitiveness is not strong,socialism is the development of market economy deformity.The inherent drawbacks of the traditional attracting foreign investment theory,the scale of foreign capital utilization and the benefits that China's market can bring,and the excessive incentive policy is not completely positive correlation with the scale of foreign capital.The frenzy of the development of foreign economic development of the people,despite the immediate development and regardless of long-term interests,meanwhile,the Government does not perform their duties or abuse of power.The traditional passive approval model and the theory of less responsible for the lack of cadres led to the inaction of government.The legislative purpose of foreign investment law should be to further open up to the world,actively protect national security and national interest,promote the development of socialist market economy and regulate foreign investment.First of all,the legislative attitude towards foreign investment should change from encouraging to regulating.As an important element of the market,foreign investment should be under regulation according to the market regulation theory.Regulation is value-free,does not deliberately emphasize the distinction between foreign and domestic investments.Furthermore,the connotation of "regulation" is more rigorous and thorough,including restriction,constraint,intervention,protection,encouragement,etc.The experience of using foreign investment in both China and developed countries shows that the fundamental incentive for foreign investment is not encouraging policy but the market itself.Secondly,the ultimate goal of using foreign investment should be to promote the healthy development of the socialist market economy,which requires the protection of fair competition between foreign and domestic investments rather than their equal participation in market activities,while attaching importance to the regional imbalance in development.It also requires special protection for the national brands,traditional crafts,high-tech industries,core industries and small-to-medium enterprises.Finally,the government,being a market participant and supervisor,will have to take actions to achieve the ultimate goal because of the practical needs the ubiquity of foreign investment in China.National security as a pre-condition,a response to our current and potential future threats faced foreign investment,but also the international practice,and in accordance with the guidelines of the legislative purpose,the legislation is technically the best choice under the statute.The ultimate goal of using foreign capital should be the healthy development of the socialist market economy,which requires the protection of domestic and foreign capital fair competition rather than equal participation in market activities,while attaching importance to China's regional development imbalance of the status quo,but also to our national brand,Traditional crafts,high-tech industries,core industries and small and medium enterprises to be special protection.