Legal Research On The Supervision Of Foreign Direct Investment By State-owned Enterprises

The overseas investment supervision law of state-owned enterprises plays important role in international investment law.It is a series of legal norms for investment countries to supervise and manage state-owned overseas investors and their behavior.On the one hand,the state-owned enterprise overseas investment supervision law embodies the legal norms formulated by the state as a legislature and law enforcer to maintain the value-added and value-preserved of all the people's property.On the other hand,it shows that the state exercises the investor's rights on behalf of the people.With the continuous advancement of economic globalization,and the 'One Belt,One Road'initiative widely carries out,the overseas investment of state-owned enterprises in China has shown rapid growth.China has transitioned from a capital-importing country to a capital-exporting country.In 2015,China's overseas investment flows have surpassed foreign investment and began to enter the stage of net capital export.Risk follows investment,especially in overseas investment.Although the process of capital going out has achieved brilliant results,it still pays a lot of painful costs.Therefore,it has become an important topic to strengthen overseas investment supervision,especially for state-owned enterprises.At present,the supervision of overseas direct investment of state-owned enterprises in our country presents a phenomenon of multi-department and multi-regulation supervision.Different regulations and concepts always happen,and the standards are different.The overseas investment supervision law of state-owned enterprises lacks of higher-level legislation.It also lacks of regulatory laws goes deep into corporate governance and operations,and the regulatory model needs further improvement and implementation.At this stage,China needs to formulate a higher-level supervision law,establish a legislative system for the supervision of overseas direct investment by state-owned enterprises,and formulate a micro-level supervision system such as an overseas supervisor system and an investment information tracking and reporting system.