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Risk Avoidance Of China's Overseas Investment And Its Legal Countermeasures

Posted on:2020-09-24Degree:MasterType:Thesis
Country:ChinaCandidate:H H HeFull Text:PDF
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Since the reform and opening up,the Chinese government has increased its support for overseas investment,making foreign investment continue to develop.However,compared with domestic investment,foreign investment faces more unknown risks while gaining huge benefits.Among these risks are political risks caused by changes in host country policies and social situations,as well as legal risks arising from differences in national legal systems.At the same time,due to the different investment environments of different countries,the risks are even more uncertain.Therefore,the study of these risks and their evasive measures is particularly important for the further development of China's overseas investment.This paper begins with the risk of overseas investment,defines the concept of Chinese overseas investment,and analyzes the types and causes of political and legal risks faced by Chinese overseas investment.Secondly,it expounds the necessity of risk aversion of China's overseas investment,and demonstrates the legislative basis of China's overseas investment risk aversion from the two levels of domestic law and international law.Then,from the domestic and international laws,the status quo and problems of the legal protection system for China's overseas investment risk aversion are expounded respectively.Finally,corresponding solutions are proposed according to the above problems.The author believes that for China to better evade the risk of overseas investment,it can start from the two levels of domestic law and international law: first,in domestic law,we must improve our domestic legal system and formulate a set of overseas investment suitable for China's national conditions.The insurance system must also create a relatively appropriate risk early warning system.Secondly,in international law,China should actively update and improve existing bilateral or multilateral agreements,participate in the international community,and make full use of international dispute settlement mechanisms.In order to analyze the risk of overseas investment,it proposes corresponding solutions for the evasion of such risks in China.
Keywords/Search Tags:Overseas Investment, Risk, Investment Insurance, BIT
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