The Study On The Mechanism Of Coordinating And Handing The Complaints About The Foreign Investment

In recent years,with the development of international investment,there are more international investment disputes in practice.Given the special nature of the disputes between foreign investors and host countries,the resolution of such dispute has also become the focus of all parties.At present,the main method for resolving disputes between foreign investors and host countries is the Investor-State Dispute Settlement(hereinafter referred to as "ISDS"),which focuses on the resolution of investment disputes afterwards.In fact,the focus is also mostly on the post settlement of international investment disputes,and relatively little attention has been paid to the prior prevention and friendly settlement of disputes.This thesis believes that when emphasizing the use of ISDS to resolve investment disputes,it also should pay attention to the development of Dispute Prevention Policies(hereinafter referred to as "DPPs"),and strive to solve them in an amicable manner before the occurrence of investment disputes or further deterioration.The Mechanism of Coordinating and Handing the Complaints about the Foreign Investment(hereinafter referred to as "Mechanism")serve as a foreign investor v.host country dispute resolution mechanism explicitly set forth in the Foreign Investment Law(draft).The focus of this Mechanism is on the prevention of investment disputes and can be considered as one means of the DPPs.With regard to this Mechanism,the international community currently has less experience and lacks a systematic theory and practice on it.In China's current practice,there are Foreign Complaints Centers,the Taiwanese Business Complaints Coordinating Bureau,and the Foreign Complaints Association,which are used to handle complaints from foreign investors during their investment process in China.China's handling of foreign complaints through the above-mentioned platforms have improved China's investment environment to a certain extent and reduced the rates of disputes.However,in fact,there are still many problems in China,such as the inconsistent of legal provisions,vague of the receiving agency,the range of scope is too broad,etc.At present,Foreign Investment Law(draft)of China is pursuing opinions from all parties.From the perspective of foreign investment law,this thesis first examines the basic principles of this mechanism,and also analyzes its basic concepts and institutional significance.Then this thesis analyzes the internal construction and external operations of this mechanism,thus presenting the problems of it and providing some suggestions for the further improving of this mechanism.