The Laws Of The Foreign-funded Enterprises National Treatment In China Is Perfect

The whole article consists of 5 chapters and an introduction and a brief summary, alltogether 40000 characters. From the perspective of law, the whole article is centered roundthe issue of national treatment in foreign capital enterprises.The introduction expounds great achievements of foreign capital intake with full andaccurate figures. The achievements are associated with the protection of foreign capitallaw. However, along with the rapid development of economic globalization and theliberalization of international investment, especially the gradual deepening of ourcountry's market economy, excessive privileged foreign capital policy under the plannedeconomy has conflicted with the equalized fare principles of market economy, calling fornational treatment, improving the foreign capital law. To put the national treatment intoforeign capital enterprises is the objective required at home and abroad in economicdevelopment.Chapter1 explains the basic concepts and theories of foreign capital;foreign capitalenterprises;foreign capital enterprises and national;standard national;national treatment;national treatment and law, and so on, providing theoretical foundation for latter statement.Chapter2 presents the standard of international foreign capital treatment and the originsand development of national treatment, while giving a brief introduction to the degree andprogress of national treatment problem proposed in the theoretical circles. Chapter3explains that it is the fixed policy of our country to carry out national treatment gradually,listing specifically the detailed regulations about giving foreign capital national treatmentunder the same conditions, which is protected by the constitution and some basiclaws.Chapter3 also analyzes the developing tendency of foreign capital treatment providedby the International Bilateral Treaty and International Multilateral Treaty agreed on byChina and the significant principles of national treatment which is becoming our country'sforeign capital policy after China's entrance into WTO. It suggests that "exceedingnational treatment" mainly embodies in specialized law for foreign capital enterprisesmade by both central and local authorities, positively representing the necessity ofimproving the national treatment law. Chapter4 defines the precise meaning of the nationaltreatment in order to get rid of misunderstandings, and analyzes the preferentialregulations for the foreign capital which is written in the Foreign Capital Law and in theregulations of foreign capital set up by local governments, and the consequential defectsas well. It presents the importance of the perfection of the national treatment law from thereverse side. Chapter5 first confirms the 5 goals of the perfection of the national treatmentlaw. Then it proposes that the perfection of national treatment law be in the light of boththe macro and the micro way. It also claims that the inevitability of the macro perfection isthe perfection of the whole foreign capital law system. It then gives out the legislationpattern all over the world and suggests that our country should take the single-trackedlegislation pattern to reconstruct the foreign capital law and to unify the foreign capitallegislation system and to perfect the legislation of the so called "Standard nationals"treatment. Micro perfection suggests gradually altering the straight and ordinary taxprivilege towards foreign capital enterprises, adopting scientific, flexible and successfulforeign capital enterprises privileged policy, and that the reformation of foreign capitalprivileged policy should be carried out in a scientific way step by step. It repeatedlyproposes the methods and means to protect national industry. The brief summary gives aconclusion of the whole article, emphasizing the final purpose to rearch, control and useinternational law knowledge to protect national industry, promote economic prosperity andto benefit our country as well.