Non-commercial Risk Resisting And Protection Legal System Construction For Chinese FDI

After more than 20 years' reformation and open-up, Chinese economic power has got unprecedented enhancement. Under the drive of chance and challenge from the environment home and abroad, More and more Chinese enterprises go abroad to invest (FDI). However, except the ordinary commercial risk, they have to face the unexpectable non-commercial risk. Because we haven't the legal system to protect our FDI, furthermore, our Chinese oversea enterprises also have inherent limitations, which result in the ability of our enterprises resisting non-commercial risk quite limited. This situation has affected the interest of invest heavily. So it is a very pressing task before us to protect our oversea direct investment. Using the successful home and abroad experience, and connecting with China's facts, the thesis tries to make a initial research on keeping away the non -commercial and constructing the legal system to protect our oversea direct investment.This thesis consists of six chapters:In chapter one, aiming at our Chinese oversea direct investment' facts and characteristic, integrating the situation of home and abroad, the thesis concludes our oversea direct investment has a heavily enlarged tendency. At the same time, the thesis analyses the main problems of our oversea direct investment, for example, small scale, talents shortage, capital shortage, legal system lag, etc. Therefore, the thesis concludes our oversea direct investment enterprises have very limited ability to resist non-commercial risk.In chapter two, the thesis defines the concept of non-commercial risk. On the basis, the thesis introduces the non-commercial risk' main content: expropriation risk, inconvertibility risk and war risk. Furthermore, the thesis explains their characteristic, sorts and elements.In chapter three, by listing a lot of really examples about China' oversea direct investment enterprises encountering non-commercial risk, the thesis analysis the facts that our oversea direct investment enterprises have little consciousness to resist non-commercial risk and without the efficient legal protection, thus demonstrates it a must to keep away non-commercial risk and construct the protection legal system.In chapter four, there are two parts. One is to introduce the methods to forecast and evaluate the non-commercial risk, and to put emphasis on their advantages and disadvantages. The other is to list the ordinary measures to keeping away non-commercial risk. These methods give a reference to our oversea investment enterprises when resisting the non-commercial risk.In chapter five, from two aspects of the domestic law and international law, the thesis evaluates the actuality of our oversea investment protection legal system, and draws a conclusion that only our own oversea investment protection legal system can give the most efficient protection to our oversea direct investment enterprises. Once more time, the thesis demonstrates it a must to keep away non-commercial risk and construct the protection legal system.In chapter six, the thesis presents the detail conservation suggestion on the oversea direct investment protection legal system. Using the correlative abroad FDI protection law, combining our reality, the thesis points out how to construct our China' FDI protection legal system.