The Evolution And Perfecting Of Promotion And Protection Legal System Of China's Overseas Investment

“One Belt and One Road” strategy will bring new and important opportunities for the development of China's overseas investment,and there also will be a lot of risks in this development process.So the sound simulate and protective legal system is needed.But there exists some deficiencies in our present legal and institutional system,we need to adapt the trend that the market and services are more important and make up the deficiency of existing system.The thesis mainly discusses the approved fling system,standardize management system,foreign exchange management and insurance system,which are vital for China's overseas investment.Through combing relevant files of these systems,we will predict its trend.To combine with reality requirements,conclude its shortcomings,and then give some targeted suggestions.Approved filing system has experienced “strictly examine” and “approve-give priority ” to “record and approval is complementary”.It has promoted and protected the development of overseas investment.And it's trend is governmental power will be weakening.Its existence is still necessary.However,its disadvantages such as obscurity of investor's scope,ambiguous concepts,inconsistent of regulations will hinder our overseas investment.So we should avoid different administrative department's function overlap,clarify relevant concepts,take personnel investors into approval system,and the government should provide more services and post-supervision.Standardize management system has experienced “strict standardize regulate” then “regulate and serve-manage ”and “Service oriented,supplemented by management ”.To a certain degree,it has stimulated and protected the development of overseas investment.But it doesn't link well with host country's legal institutions,and we don't have enough system assurance measures.It's trend is service will be the primary coverage.The thesis suggest that we should increase system mutual recognition with host country,encourage the third party participate in servicing.Besides,the government should complete Corporation Law;the enterprises ought to improve its international management level.The government,enterprises,colleges and universities should corporate to training talent.Foreign exchange management system has also experienced “strictly standardize regulate”to “regulate-manage” and “regulate and serve”,and it puts services in a more important place,which is its trend of development.And foreign investment gets the furtherance and support.Unfortunately,it has more stringent restrictions and can't meet the need of China's overseas investment and lack of sound law.So we should coordinate,amend these regulations,reduce governmental control and realize of foreign exchange liberalization according to the need.Insurance system of China's overseas investment develops slowly,and we still don't have complete regulations.However,it grows out of nothing,and provide some help to the development of foreign investment.For adapting its need of having a separate legislation,and making up the shortcomings,which the provisions of overseas investment insurance are too general and there is no stipulation of the subordination right.Therefore,investors can't get well guaranty.The thesis suggests that China should accelerate the legislation of overseas investment insurance system,adopt unilateral mode,specify more coverage and set the right of subordination and its way of realization.