| Due to the economic globalization and regional integration trend, the economic exchanges of countries become more frequently in the international economic field. The foreign investment which as a means of international capital flows plays an important role in the national economy of countries. The level of a country's overseas investment has become the measure of its economic strength and international competitiveness. With the signing of Agreement on Investment of the Framework Agreement on Comprehensive Economic Co-operation between China and ASEAN in 2009, the main proceedings of China-ASEAN Free Trade Area have been basically completed, which marking the China-ASEAN Free Trade Area completed on schedule in 2010. China-ASEAN Free Trade Area will be the third largest free trade area which has a population of 1.85 billion, 3 trillion gross domestic products, and this also means there will be a rapid development of international investment between ASEAN and China. So we need to study some of the legal issues in order to help China's enterprises for a better direct investment in ASEAN.In view of this, the author, employing the methods of empirical analysis and comparative analysis, analyzes the reality situation of the Chinese enterprises to invest in ASEAN and the present status quo of legal regulation and then study the related legal issues and finally raises a numbers of problem-solving proposals. The full-text is divided into three parts, about 30,000 and 1000 words.The first part introduces the reality situation of the Chinese enterprises investment in ASEAN and the present status quo of legal regulation. Through analysis and summary of macro data and micro cases, Chinese enterprises investment in ASEAN has its own characteristics. In addition, this section also introduce the current system of legal norms that regulating the investment of Chinese enterprises in ASEAN, including international investment norms, regional investment norms, bilateral investment agreements between China and ASEAN and foreign investment laws of the ASEAN countries. The second part discusses five areas legal issues of the Chinese enterprises investment in ASEAN that in investment ways, investment access, investment treatment, investment risk and investment regulation. At present, there are drawbacks in investment ways, too much limitation in investment access, low development level of investment benefits,insufficient protection of the investment risk, and imperfection in investment regulatory system in Chinese enterprises investing in ASEAN.The third part discusses the path of problems-solving of Chinese enterprises investment in ASEAN. The path is divided into general way and specific system. First, to study Agreement on Investment of the Framework Agreement on Comprehensive Economic Co-operation between China and ASEAN in detail, and to analyze it from the point of view of investment access, investment treatment, investment risk and investment regulation. Then, at the basis of comparing the international, regional advanced investment legal norms, and drawing from the reasonable content of foreign investment regulation in ASEAN countries, to set up the uniform laws and applicable rules which are reasonable in economy, legitimate in system, and feasible in operation for the second part of problems. |
PDF Full Text Request