Research On The Coordination Of Foreign Investment Complaints In China

More and more foreign investors have invested in China since the beginning of reform.With the increasing number of foreign investment enterprises,it is inevitable that more and more foreign investment disputes will arise in China.These investment dispute if not properly solved,complaints will breed more foreign investment.Although foreign investment disputes can be settled through litigation,arbitration and other means,settling disputes through litigation and other means will not only waste time and money,but also damage the good cooperative relations between foreign investors and the Chinese government and Chinese partners.Once the good cooperation situation is broken,it will do more harm than good to either side.Therefore,in order to avoid the above adverse consequences,we need a softer way to deal with foreign investment disputes.In 2015,the foreign investment code(draft "draft article")stipulates the first issue of a coordinated treatment system for complaints,which can not only improve the way of China’s diversified disputes but also improve the efficiency of the dispute settlement of foreign investment,so that the dispute can be solved out of the lawsuit,which can save labor,material and financial resources.Independent and flexible way of solving disputes,not only can an easing of tensions dispute between the parties,and as a result,after agreement by the parties in dealing more enforceability.In the present,coordination is the most unharmed of the disputes between the two sides,and the foreign investment disputes in dispute,not only can we demonstrate the sincerity of our country’s foreign investment enterprises,but also increase the confidence of foreign investment in China,which will help to keep our country’s economy steady and growing.There is no foreign investment complaint coordination system in the current law on chinese-foreign equity joint venture,law on chinese-foreign contractual joint venture,law on foreign-capital enterprise(hereinafter referred to as the "three laws on foreign-capital")and relevant foreign investment laws and regulations.But in the world of academia and practice,it is often said that the foreign investment center,the foreign investment enterprise association,and the Taiwanese business association has been the coordinating platform for foreign investment in the country.There are some problems existing in the current coordination platform for handling foreign investment complaints,such as decentralization of foreign investment complaint handling institutions,wide scope of dispute handling and non-uniformity of principles on which disputes are handled.Although "draft" in the regulation of foreign investment in the system of handling complaints coordination,but the system has not yet fall to the ground,and put forward for the first time,and therefore are not mature in theory and in practice.Therefore,based on the analysis of foreign investment in the system of handling complaints coordination under the premise of basic theory,focuses on coordination of complaints handling mechanism of the system Settings and their responsibilities,complaints coordination of legal basis,the principle of coordinate,coordinate range,coordinator,etc,were studied.A unified foreign investment complaint coordinating body shall be set up at the provincial level and above.At the specific level of design,based on two levels of organizational structure,we set up a national investment response center in the center and a coordinated processing facility for foreign investment in the grassroots.In addition,the foreign investment complaints coordinating organization is not only going to be able to perform coordination,processing,and other functions,it is also supposed to be a function of consultation,advice,transfer,supervision,and inspection.On the basis of a fair and just principle,legal principle as well as efficient convenience principle for coordination of occurring in the process of foreign investment dispute processing,namely equity and efficiency as much as possible.In accordance with the legal basis of the coordination,it is not only to deal with foreign investment administrative disputes under the current Chinese constitution,other relevant laws,administrative regulations,administrative rules and local regulations,but also to maintain the authority and stability of law.In the field of coordination,the foreign investment complaints coordination agency can only coordinate the administrative dispute between the foreign and the administration,which is that the parties involved in the investment complaints have to be the administration of our country.The specific scope of coordination mainly includes disputes on national security review,industry access,investment promotion,investment information report and investment protection.The foreign investment disputes shall be coordinated in accordance with the procedures of lifting complaints,accepting complaints,coordinating handling and settlement.In addition,it’s a matter of giving foreign investment complaints to the agency for its substance rights.In the case of criminal liability,the department and department of the foreign investment complaints coordinating organization should be double-punished.