Foreign Investment Principles And The Main Legislative Research

Since the reform, we are active both in taking advantage of foreign capital and making investment abroad. Investment abroad is the objective requirement to set up China's marketing & extroversion economy. However, in the recent 30 years, the legislation of investment abroad is increasingly lagged behind its development. And thus, starting from such an urgent problem as how to legislate investment abroad and based on"principle"and"principal part", the thesis is involved in the related research and discussion with the conclusion of the reference for legislative terms. The thesis is categorized into 4 chapters:Chapter1:"Investment abroad overview". It consists of 3 sections. Section 1: Following analyzing several definitions at home or abroad, the author introduces his definition in this regard. Section 2: The author briefs the historical evolution in investment abroad including the overview of its development in foreign countries, Hong Kong, Macau & Taiwan with the focus on the advanced countries (Part 1) and the overview of its development in the mainland of China to lay a foundation of the value of the thesis (Part 2). Section 3: the necessity of its legislation: first, from the angle of the overview of the legislation development, the author points out the past experience and learning; second, the author lists the magnificent problems China encounters and points out legislation is a good way for problem shooting; at last, the author introduces the opinion at large from the academic and he (the author) is willing to make contribution to legal terms establishment.Chapter 2 is"Foreign Legislation Status"consisting of 3 sections. Section 1: starting from the foreign legislation status, the author selects a couple of representative countries, introduces their respective status and makes comparison with their similarities and difficulties to find it valuable to China. Section 2: introduction of the legislation in Hong Kong, Macau & Taiwan with the focus of Taiwan. Section 3: International Treaties related to China. It's a great progress, with the contrast of China's lag legislation.Chapter 3:"Suggestion on The Principle of Investment abroad Law", consisting of 3 sections. Section 1:"Common Principles", the author's opinion of legislation causes, definition, aim, legislature, etc. Section 2:"Special Principles", the author's opinion of approval system, insurance system and preferential measurements. Section 3:"Sub-principle", author's opinion of the problems in law application.Chapter 4:"Suggestion on The Principal Part of Investment abroad", consisting of 4 sections. It's also the chapter with the richest content and relatively new idea. Section 1"Sorts & Problems of the Principal part"illustrates the problems existent in such principal parts as individuals, enterprises, etc. which lays the foundation of the solution to be mentioned in the following text. Section 2"Methods & Principal part of Investment": from the angle of the basic methods and other methods, the author analyzes different methods should match different principal parts in investment to drive the economic development in legal level. Section 3 is"The Prescription of the Principal part", suggesting the legal terms in general condition, detailed condition, the rights & obligation of the principal parts. Section 4"Special Prescription of State-owned Enterprises'Investment abroad", trying to solve the loss of the state-owned capital in investment abroad through the strict requirement of the principal parts, authority's administrative approval system setup, significant information sharing system and open examination of those to work abroad.