Research On The Legal System Of China's Overseas Economic And Trade Cooperation Zones Under The Background Of "One Belt One Road"

China's foreign investment originated in the late 1970s and early 1980s.With the irreversible form of economic globalization and the need of China's "going out" strategy,Chinese enterprises began to make foreign investment in other countries in the form of agglomeration.One of the important forms is the construction of industrial parks.By the end of 2005,some changes had taken place in China's economic situation.In the international market,China's foreign exports face frequent trade frictions and anti-dumping and countervailing investigations.At home,some industries are facing overcapacity.In order to alleviate this double dilemma,the Chinese government decided to support the promotion of this model after seeing the successful experience of Chinese enterprises in overseas construction of parks.In 2006,the ministry of commerce formally decided to propose the construction of overseas economic and trade cooperation zones.In 2006 and 2007,the number of overseas cooperation zones approved by the ministry of commerce was 8 and 11 respectively.With the proposal of "One Belt And One Road" in China and the realization of the common economic development between China and the countries along the belt and road,not only the national level attaches great importance to the construction of overseas cooperation zones,but also the local governments increase the support for overseas cooperation zones and strongly support local enterprises to go out and build overseas cooperation zones.Driven by the government,the construction of overseas economic and trade cooperation zones has developed rapidly.The construction of overseas economic and trade cooperation zones has played a great role in promoting enterprises' foreign investment and changing China's foreign investment mode.However,in the construction and operation of the cooperation zones,they are still faced with risks such as long constiuction cycle,financing difficulties and low rate of return.In order to reduce the risk of enterprises' foreign investment and further promote the development of overseas economic and trade cooperation zones,it is necessary to establish and improve China's foreign investment promotion system.Based on the experience of other countries*foreign investment promotion systems and the actual situation of China's foreign investment,the promotion of Chinas foreign economic and trade cooperation zones can be carried out in the following aspects:subsidy system,overseas investment insurance system,cross-border tax arrangement system and cross-border financing system.To promote the development of overseas economic and trade cooperation zones,it is not only necessary to have a promotion system,but also to further improve the supervision of foreign investment.Although the overseas economic and trade cooperation zone has many particularities,it is still a form of foreign investment in essence.The supervision of the cooperative zone should not only meet the needs of general supervision and foreign investment,but also set up some special systems to supervise and manage it Effective supervision and management shall be carried out in the whole process before,during and after the construction and operation of the cooperation zone through filing and approval system,standardized management system and foreign exchange management system.Strict management should be carried out not only for the access before the construction of the cooperation zone,but also for the supervision and management after the construction.If necessary,relevant exit warning mechanism should be established to guarantee the lawful and compliant operation of the cooperation zone.In addition,China also needs to actively explore and improve relevant mechanisms for dispute settlement with the host country to escort the construction of overseas cooperation zonesTo construct a complete investment promotion and supervision system of overseas economic and trade cooperation zone,we should give full play to the guidance,service and safeguard functions of the government while improving the promotion and supervision system.Therefore,a unified and authoritative investment promotion management institution can be set up.While giving play to the functions of official institutions,some non-governmental institutions and intermediaiy institutions should be cultivated and developed to supplement the official service management mechanism.