Research On State Protect Obligation Of Outward Foreign Direct Investment Of Central Government-led Enterprise

China’s foreign direct investment has reached an unprecedented peak.At the same time,risks and challenges are increasingly prominent.As the leader of Go Abroard Policy,central government-led enterprises should shoulder key responsibility.From the traditional research one,the research of the Belt and Road is focused on the risk analysis and management research.The study of the issue of protection is carried out by the one belt and one road perspective.Few scholars have embedded the basic rights in this field.In this regard,Germany’s basic rights state protection obligation theory provides a possible entry point.According to the theory of state protection obligation created in a series of federal constitutional court cases,such as "the first abortion case"(1975),"the commercial representative case"(1990),"the second abortion case"(1993),the state has the obligation to guarantee the realization of basic rights and protect the subject of rights from the third party.Turning to the perspective of foreign direct investment of central enterprises,based on the theory of state protection obligations,this paper attempts to build a constitutional structure model between central enterprises and the state,with basic rights-state obligations as the core,to explore the specific practice link of the state as the subject of obligation,and how to resolve the internal structural weaknesses of the current foreign direct investment guarantee system.In view of this,this paper discusses the state protection obligation of the foreign direct investment of central enterprises,which has theoretical and practical significance to a certain extent.As a research in the field of constitutional law,the obligation of state protection should first be analyzed and discussed around the text of the constitution.This paper summarizes three forms of constitutional expression of investment freedom by combing dozens of foreign countries’ constitutions,and on the basis of normative analysis of Chinese constitution text,expounds the constitutional evolution process of gradual confirmation of investment freedom,and considers the identity of the basic right subject of central enterprises.Then,based on the analysis of the theory of the state protection obligation,it demonstrates the source of the protection obligation and the guarantee demand of overseas direct investment,which provides the theoretical and practical basis for the proof of the legal guarantee path.Then,it further deconstructs the state protection obligations of the central enterprises’ overseas direct investment,and deduces the corresponding institutional protection obligations and narrow protection obligations of the legislative,administrative and judicial organs as the main body of obligation sharing.Combined with the above research,based on the experience of overseas investment security in the United States,France,Japan and other typical countries,this paper examines the shortcomings of China’s current security system,deals with the relationship between the state and central enterprises through the legal positioning,provides effective constitutional guidance and evaluation for the system design of overseas direct investment,actively constructs the system security as the basis,runs through The national protection obligation system in the whole process of pre prevention,in process exclusion and post relief responds to the demands of the central enterprises for overseas investment guarantee,strengthens the cornerstone of the legal guarantee of overseas direct investment,and seeks the legal path for the orderly promotion of the overseas investment of the central enterprises and the protection of their interests in the great changes of international investment pattern and order.