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The Early Warning Legal Prevention Research On Oversea Investment Risks Under The "Belt And Road Initiative

Posted on:2021-01-27Degree:MasterType:Thesis
Country:ChinaCandidate:N SunFull Text:PDF
GTID:2416330605958738Subject:Law
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As economic globalization matures,the current development model of the international market is no longer simply reflected in the exploitation of economically backward countries by developed countries.To quickly and smoothly integrate into the economic globalization pattern,countries need to cooperate and develop together.In 2019,China and the United States had a world-famous trade dispute.It was not until the two sides signed the Sino-US economic and trade agreement in January 2020 that this"China-US trade war" came to an end.This is not the first time that China has encountered exporting countries raising tariffs and restricting exports to our products in the international market.With the intensification of new international trade and investment protectionism,China has gradually realized that it is difficult for China to achieve long-term and stable development in the international market simply by trade development and the export of cheap goods.The implementation of the reform and opening-up policies in the past few decades has allowed China to accumulate a lot of experience in introducing foreign investment.The adjustment of China's domestic economic structure and the changes in the scale of the three major industries also require China to adjust through the export of capital and the development of international markets.In order for China to occupy a place in the international market and achieve long-term and stable development,China must transform its foreign trade economic development model and vigorously promote the development of foreign investment economy.The investment in the international market is different from the domestic market in China.Because the market environment,legal system,religious culture,and other countries of the world are very different,so in the process of foreign investment,it is bound to encounter various risks due to different investment environments.In order to reduce the investment failure caused by the risks encountered in China's foreign investment process,China must establish a complete foreign investment risk warning mechanism to ensure that China's foreign investment can obtain stable and healthy development.The "Belt and Road" initiative is an important measure for China's foreign economic development in the new era.Unlike developed countries such as Europe and the United States,countries along the "Belt and Road" usually have backward economies.Therefore,the investment environment of the countries along the "Belt and Road" is also relatively poor.In addition to the political and legal risks common to foreign investment,investments in countries along the "Belt and Road" are still facing There are many special risks,such as geopolitical risks,religious cultural risks,terrorism risks,health risks,etc.This article combines the risks encountered by China's investment in the countries along the route in recent years,and puts forward the following suggestions on how to prevent the risks that China may encounter in the overseas investment along the"Belt and Road" and establish a sound and complete foreign investment risk early warning mechanism:Recommendation One,in order to prevent the risks that our country may encounter when investing in countries along the "Belt and Road",our government needs to play a leading role in the market economy and build an early warning mechanism for investment risks in the "Belt and Road".Starting from the domestic level,the government can establish a set of risk early warning systems by formulating relevant regulations,establishing a complete foreign investment risk assessment mechanism,and establishing foreign investment risk management measures;Legal system and establishment of a comprehensive early warning system for foreign investment risk,To build Risk prevention cooperation mechanism with countries along the "Belt and Road".Finally,the government should establish a diplomatic and consular coordination mechanism to enable the Chinese embassies and consulates permanently stationed in the investing country to give full play to their advantages in understanding the culture,social environment,and various legal systems of the country,and having close ties with the government of the country.So that it can encounter foreign investment in China.When it comes to risks and frictions,give full play to the role of coordinating local enterprises,the government and China's foreign investment enterprises,so as to effectively avoid the occurrence of losses.Recommendation two,to prevent the risks that may be encountered in the investment along the "Belt and Road",as the main body of direct investment in foreign investment,enterprises need to start from their own,through the establishment of a full-time organization within the enterprise to collect foreign investment risk warning information,hire professional The domestic or international lawyer team conducts project due diligence before investing to establish the company's own foreign investment risk early warning and identification mechanism;in addition,companies should also strengthen internal contract management and control risks from the source of foreign investment projects.In the process of implementing foreign investment,it will transform its business strategy into a localized business model,integrate it into the social culture of the investing country as soon as possible,and avoid bearing investment risks due to conflicts such as culture and customs.This article takes the research on the risk early warning mechanism of China's foreign investment in the context of the "Belt and Road" as an option.By analyzing the risks,especially the special risks,of the investment countries along the "Belt and Road",it is proposed that China's foreign investment should obtain long-term and stable To develop and achieve strategic transformation,it is necessary to establish an early warning and prevention mechanism for foreign investment risks through the government and enterprises to achieve preventable and controllable risks,so as to reduce the probability of China's investment risks along the "Belt and Road".The "Belt and Road" initiative is the development and innovation of China's "going global" strategy,and is a major measure for China to enhance its international competitiveness.
Keywords/Search Tags:international investment, The "Belt and Road" Initiative, Risk warning system
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