Study On Complaint Mechanism Of Foreign-Invested Enterprises In China

At present,China’s ability to attract foreign investment continues to be at the forefront of the world.At the same time,trade frictions,trade disputes,and other issues have also come one after another.Internationally,the most prominent way to resolve investment disputes between foreign investors and host governments is the Investor-State Dispute Settlement(ISDS),which focuses primarily on the post-event resolution of investment disputes.However,with the test of practice,the problems exposed by ISDS make more and more people turn their attention to solving investment disputes using prevention in advance.In March 2019,China promulgated the "Foreign Investment Law of the People’s Republic of China"(hereinafter referred to as the “Foreign Investment Law”).Article 26 provides a complaint mechanism for foreign-invested enterprises.In addition,the Ministry of Commerce has formulated a more detailed and operable "Working Methods for Complaints by Foreign Invested Enterprises" to better prevent international trade disputes.This thesis analyzes the advantages and shortcomings of the complaint mechanism of foreign-invested enterprises starting from the theory of the complaint mechanism of foreign-invested enterprises.Furthermore,it draws on the excellent experience from foreign countries.Finally,it proposes specific suggestions for the flawless operation of the complaint mechanism of foreign-invested enterprises in light of the actual situation in China.It is hoped that China will contribute to the resolution of international investment disputes by establishing a new form of complaint mechanism for foreign-invested enterprises when the traditional dispute resolution method of ISDS,with international arbitration at its core,is being questioned.First,this thesis sorts out the specific theory of the complaint mechanism of foreigninvested enterprises.Based on introducing the legal provisions on the complaint mechanism of foreign-invested enterprises,the article compares it with two solutions at home and abroad to clarify the significance and value of the complaint mechanism of foreign-invested enterprises.Secondly,through the analysis of the "Complaint Work Measures" and the Complaint Acceptance Authority,it is concluded that the Complaint Acceptance Authority for foreign-invested enterprises has a limited legal status and lacks independence;the complaint handling method lacks legal binding force,and the result lacks legal effect,and there is an effective interface with other settlement methods in the application.Thirdly,drawing on overseas countries’ advanced experience and practices in investment dispute prevention mechanisms,we can draw inspiration for the construction of compliant mechanisms for foreign-invested enterprises.Finally,suggestions are made to improve the complaint mechanism for foreigninvested enterprises.That is to set up the investment ombudsman model;enhance the rights of complaint receiving agencies and the compulsory power of complaint results;strengthen the interface and coordinate with other dispute resolution methods.The establishment of a complaint mechanism for foreign-invested enterprises can maximize the superiority of the complaint mechanism,which can not only resolve the dissatisfaction of foreign investors promptly if the conflict between the two sides escalates into an international investment dispute;but also better attract foreign investment and put the foreign investors at ease.Thus,it can better protect the rights and interests of foreign-invested enterprises and better promote the cause of China’s opening up to the outside world.Thus,it can better protect the rights and interests of foreigninvested enterprises and better promote the cause of China’s introduction to the outside world.