Perfection Of Foreign Investment Dispute Settlement Mechanism In China Free Trade Zone

The foreign investment dispute settlement mechanism of China Free Trade Area is an important part of the development of China Free Trade Area.From the perspective of domestic factors,improving the dispute resolution mechanism for foreign investment in China's free trade area is not only the inevitable way to further optimize the foreign investment environment in the free trade area,but also the innovation needs of the China Free Trade Area in the application of law.From an international perspective,improving the dispute resolution mechanism for foreign investment in China Free Trade Area is also a necessary measure to comply with the reform of the international investment arbitration mechanism.Practice is the only criterion for testing truth.At present,China Free Trade Area has accumulated some relevant experience through the practice of 12 Free Trade Areas like Shanghai.Through the practice of 12 free trade areas,it is expected to form the theoretical guidance and practical experience unique to the foreign investment dispute settlement mechanism of the China Free Trade Area.However,at present,foreign investment dispute settlement mechanism in China Free Trade Area has defects in legislation and implementation,etc.Although scholars have achieved some staged results in research on some certain specific free trade areas,the necessity for a solution mechanism and the macro control of the China Free Trade Area are still lacking.China has further deepened the reform and expanded the trend of opening up,which has put forward higher requirements for the foreign investment environment.As an integral part of the legal elements in China's business environment,the foreign investment dispute settlement mechanism is urged to be improvedOn the basis of clarifying the meaning of “free trade area”,this thesis concludes that the “global governance” theory should be adhered to as the theoretical basis for solving the foreign investment dispute through historical research.Under the premise of perfecting the foreign investment dispute settlement mechanism of China Free Trade Area,the historical research method and empirical research method are used to sort out the status quo and existing problems of the foreign investment dispute settlement mechanism in China Free Trade Area.Combining with the practice condition,it is further concluded that the current dispute resolution mechanism for foreign investment in the China Free Trade Area hasdefects such as imperfect legislation and poor connection in both the judicial settlement and the alternative dispute resolution.Given this,the author has gained enlightenment through the study of the investment dispute settlement mechanism at the level of international law,and then combined with the development status of the foreign investment dispute settlement mechanism in the China Free Trade Area,to perfect foreign investment dispute settlement mechanism in China Free Trade Area from different levels,suggestions that includes adding special provisions about the dispute settlement mechanism in the Foreign Investment Law,amending the Arbitration Law to establish the legal status of ad hoc arbitration,introducing comprehensive legislations of ADR(Alternative Dispute Settlement)as soon as possible,and making unimpeded convergence between litigation and non-litigation dispute resolution mechanisms are proposed.The author strives to improve the foreign investment dispute settlement mechanism of China Free Trade Area and the development of China Free Trade Area.