The Research Of Legal System For Safeguard Cross-Straits Investment

Nowadays cross-Strait relations is further development, and Two-way investment and other trade activities are also very active. Based on Cross-Straits Economic Cooperation Framework Agreement, it is important that we will build the legal mechanisms for safeguard Cross-strait investment. From the present situation to analytical, the paper point that the construction legal system of safeguard cross-straits investment in mainland China is stage, the construction legal system of safeguard cross-straits investment in Taiwan is slow, and there is lack Cross-strait investment protection agreement. Moreover, if we will have timely builded the construction legal system of safeguard cross-straits investment, it will help the make rules and build for cross-strait economic cooperation, and it will take advantage of deep cooperation and common development for cross-strait economic cooperation, and it will more conducive to realize China's peaceful reunification. This paper adopts the comparison research methodology. For seek enlightenment, it successively comparison analysed experience of legal system on safeguard investment for CEPA, NAFTA, China-ASEAN FTA, TRIMs. For build to the legal system for safeguard Cross-strait investment, the paper argues that it is important to adhering to the one-China policy and clear the particularity complexity of cross-Strait relations and cognitive complexity for this. In addition, the author suggests that it will early sign cross-Strait investment protection agreement, and adopt National Treatment and the Most-Favoured-Nation Treatment, and complete investment profit shifting, and build a special dispute settlement mechanism, and improve the transparency of laws and regulations.