A Study Of Legal Risks Of Chinese Enterprises Investment In ASEAN Under The Background Of "One Belt And One Road"

The"Belt and Road Initiative"proposed by Chairman Xi Jinping has opened up a new world for China’s economic restructuring and deepening reforms.The investment cooperation between China and ASEAN is an important aspect of the"Belt and Road Initiative.Since the establishment of the China-ASEAN cooperative relationship,the two sides have continued to deepen cooperation in various fields.However,in recent years,a large part of the failures of Chinese companies’ overseas investment have occurred In ASEAN,and in response to the"Belt and Road"initiative,Chinese companies will continue to increase their investment in ASEAN countries.Therefore,in this context,the author’s legal risks related to the major macro-levels that Chinese companies will encounter when investing in them.The research and analysis were conducted and some appropriate precautionary suggestions were put forward in order to supplement the regional studies on investment in ASEAN countries.Based on the background of"One Belt and One Road,"the author conducted research on relevant laws,regulations,latest policies,successful failure cases,and related domestic and foreign documents concerning ASEAN investment in enterprises,in order to explore how companies invest in ASEAN in a new era.The main legal risks and their causes.According to the study,in terms of access to ASEAN countries,companies may encounter investment industry access control risks,investment methods,limited investor rights,procedural regulatory risks,and unfair investment treatment risks.In investment operations,Enterprises may face environmental protection risks,limit the risk of foreign workers,and legal risks of compliance;in terms of political risks,companies may experience risks such as nationalization and restrictions on foreign exchange.The causes of risk formation are mainly due to the imperfect and opaque legal systems of ASEAN countries;the serious problem of judicial corruption in host countries;the non-standard operation of Chinese enterprises,ignorance of legal risk prevention and control;and China lacks a relatively sound investment protection mechanism.For the above legal risks and causes,the author put forward some preventive measures from the perspective of the government and the company.It is suggested that the government should help companies to prevent and control risks by improving bilateral investment cooperation and overseas investment protection systems.It is recommended that companies improve their legal awareness,standardize legal operations,actively apply for insurance,build multi-tier risk management solutions,and use overseas cooperation zones to reasonably avoid risks.These perspectives emphasize risk prevention and control.