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China’s Foreign Investment Access Review System

Posted on:2021-04-22Degree:MasterType:Thesis
Country:ChinaCandidate:C WangFull Text:PDF
GTID:2506306290981689Subject:legal
Abstract/Summary:
Aspects of the construction of legal system of admittance of foreign capital in the review in China always is not enough,due to lack of experience in the process of system design,foreign access to efficient and accurate censorship in China was carried out on the admittance of foreign matters,not only have little effect on safeguarding state security,also caused the tedious inefficient review program.Nowadays,with the change of the international environment,especially the transformation of China’s domestic economy,the demand of foreign investors for stable investment environment is growing day by day,and these defects are more and more difficult to be accepted.Therefore,China’s foreign investment access examination system has become a key system in urgent need of reform.Foreign access to the composition of the censorship in China were analyzed,and the admittance of foreign capital of censorship can be divided into on the subject of the applicable scope,physical examination according to procedures of examination and for three parts,through the three parts of the relevant legislation and system of the construction of the research can find that three parts,respectively,there is a review of the sole proprietorship enterprise difficulties,censorship functions,low efficiency of conflict,the scope of the review process and the degree of lack of specific provision three problems,these problems caused the admittance of foreign capital in China now country attractive to foreign investment is low due to the impact of censorship.Admittance of foreign capital to improve the censorship,needs to be outside good practical experience combined with China’s national conditions,Uzbekistan has rich investment form and the utilization of foreign capital of regional economic development,India has various forms of the foreign capital enterprise and set up a council for the promotion of foreign unified management of foreign capital,the European Union in the review to determine the equivalence criteria and "government control" this factor,the excellent system design makes their foreign access review system to promote the development of the national and regional economy,so it is worth and their development history,the population is more or less similar plot and desire for development of our country to draw lessons from.By putting a referential experience combined with China’s national conditions,can be corresponding perfecting suggestion for the three major problems,according to review of the sole proprietorship enterprise difficult problem,can clear a wholly foreign owned enterprise access examination standards,perfect the foreign entities responsibility identification of the sole proprietorship enterprise law,so as to set up a foreign sole proprietorship enterprise review mechanism;In view of the low efficiency of the function conflict of the examination institutions,the application of the automatic approval can be expanded by classifying the management of foreign-funded projects and clarifying the application degree of automatic approval,so as to improve the efficiency of foreign capital access examination.In view of the lack of specific provisions on the scope and extent of the review process,the scope and extent of the review can be clarified by scrutinizing large mergers and clearly defining the scope of "national security".All the ways to improve the mutual basis of mutual cooperation,so as to play a comprehensive improvement of foreign investment access review system effect.
Keywords/Search Tags:Access to foreign investment, Scope of application, Substantial review, Procedural review
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