The Human Rights Responsibility Of Chinese Transnational Corporations In Overseas Investment And Its Regulation

The jurisdiction conflict between the host country and the home country due to the regulation of multinational companies has a long history.The fundamental reason is that the special organizational structure of multinational companies makes them in a passive state at the regulatory level.Coupled with the inherent profit-seeking nature,the legislation is not perfect,the system is not perfect,especially in the relatively backward countries,it is easy to cause human rights crisis.Although it has obvious theoretical advantages to rely on the domestic law of the host country to regulate multinational companies,there are subjective and objective obstacles in the current practice.Especially under the background that China’s multinational corporations have been criticized by the international community and the host country in the process of "going out",it is worth thinking about the role of the home country in regulating multinational corporations.The structure of this paper is generally divided into the introduction,the main body and the conclusion.The main body is divided into the following four chapters.The first chapter is an overview of the responsibilities of transnational corporations for human rights.In the first section,in order to clarify the internal relationship between the organizational structure and inherent attributes of transnational corporations and human rights violations in the host country,the author first defines transnational corporations,and analyzes their particularities in internal structure,business strategy and conflict of interest compared with general corporations.At the same time,combined with the specific situation of human rights violations in different fields,the author analyzes the characteristics of transnational corporations according to the specific situation of human rights violations in the host country The essence of human rights proves the qualification of obligation subject of transnational corporation.In the second section,from the perspective of institutional evolution,the author emphasizes the role of "soft law" in promoting the development of the theory of human rights responsibility of transnational corporations,and leads to the inevitable trend of "hard law" by analyzing the defects of the current legislative mechanism.In the third section,the author negates the subject qualification of TNCs from the perspective of actual and ought to be,and on this basis,clarifies the introduction of the state’s protection obligation in order to realize the joint responsibility mode between the human rights responsibilities of TNCs.The second chapter is the origin of the home country regulation of the human rights responsibility of China’s transnational corporations.Under the background of encouraging multinational companies to "go out",the overseas investment behavior of Chinese multinational companies has been repeatedly resisted and severely criticized by the international community and local people.The author thinks that China should firmly resist the groundless accusations and slanders of other countries,and think about how Chinese multinational companies can better bear the responsibility of human rights.Therefore,in the first section,the author emphasizes the positive effect of reputation value on the investment of MNCs and their home countries by reminding them of the human rights risks faced by MNCs in the host country.Then in the second section,the author analyzes the realistic obstacles of the host country’s regulatory path from both subjective and objective aspects.In the third section,the author points out that the home country’s regulatory path is trapped in the practical problems faced by the current international law theory,which lays the foundation for the following research on the home country’s regulatory measures in different fields.The third chapter is the international reference for the home country to regulate the human rights responsibility of transnational corporations.The author aims to seek a reasonable way to improve the home country regulation path of human rights responsibility of multinational corporations in China on the basis of the relevant practical experience of the international community.By summarizing and analyzing the general international practice of home country regulation of multinational corporations,taking the time point of intervention of relevant measures as the classification standard,the author summarizes three types of representative regulatory measures,and on this basis,through the analysis of different regulations The characteristics of the measures and the causes of the current situation point out a reasonable path of reference for the home country regulation of the human rights responsibility of transnational corporations.The fourth chapter is the suggestion of home country regulation on the human rights responsibility of transnational corporations in China.In the first section,in order to reveal the regulatory defects of the current system,the author combs the relevant systems of our country,and in the second section,combined with the above research on the universal international practice of home country regulating the human rights responsibility of transnational corporations,puts forward some targeted suggestions on the improvement of the relevant systems of our country.The author believes that China should strictly control the regulatory differences in different fields,and improve the relevant systems on the basis of international practical experience,that is,in the field of environment and human rights protection,we should strengthen the institutional construction of in-process supervision,while in the field of overseas anti-corruption,we should strengthen the construction of supporting systems in this field to get closer to the international common standards.