China's Overseas Investment In A Number Of Legal Issues

With the accelerating process of economic globalization, the liberalization of global investment trends are also stepping up. How to adapt to the trend of economic globalization and investment liberalization, and according foreign investment law to make the appropriate adjustments are the important task of the national investment legislation. Developing foreign direct investment, is the necessary stage of China on it's way to developed countries and the important part of participating in international labor division From our country's perspective, the influence and role of foreign has a dual nature. On one hand, foreign investors through the offshore investment, occupy or expand overseas markets, to ensure the supply of foreign raw materials, and use the cheap foreign labor, to increase their competitiveness in the international markets, and strive for high profits, giving the country's economic development and balance of payments have a positive influence and role. However, on the other hand, a large number of export of capital, but also may reduce the capital-exporting country's domestic employment opportunities, and reduce the export of goods, leading to the skills drain and domestic investment decreased, affecting the balance of international payments. However, this negative effect is easily preventable and overcome. This paper by comparing the domestic and foreign offshore investment policy and legal, combined with the national conditions of China pointed out the problems and shortcomings of the legal system of Chinese overseas investment, propose the recommendations on improving the legal system of Chinese overseas investment. It has practical significance on strengthen foreign investment legislation, make up the shortfall and improve the overseas investment legal system of China.The article consists of five parts:The first part makes a brief introduction on the concept, history, status and characteristics of Chinese overseas investment.The second part comparing the domestic and foreign offshore investment policy and legal.The third part explains the current foreign legislation, policy and the problems in our country. There are obvious deficiencies existing in china's foreign direct investment regulations and law system aboard direct investment examination and approval rules, foreign exchange administrative rules, aboard tax revenue system, the unilateral and bilateral protection system on abroad investment.The forth part propose the recommendations on improving the legal system of Chinese overseas investment and put forward ideas to Perfect our foreign direct investment. Involves the perfection on the encouragement, Protection, administration on foreign direct investment legislation,the handing of the problem of law of Hong Kong, Macao and Taiwan.