Legal Person Foreign-invested Enterprises By The Unified Regulation Of Company Law Research

At the beginning of the reform and opening up, China’s economic system wastranslating from planned economy to socialist market economy, and the legal systemwas not perfect. Foreign-Invested Enterprise Law was legislated before Company Law.After Company Law implemented, foreign investment company began to be adjustedby Company Law. There are Legal norms of corporate organizational system both inForeign-Invested Enterprise Law and Company Law. This "dual track" Legislativemodel played a positive role in the development of foreign-invested enterprises in thespecial historical conditions. But it could not adapt to the requirements offoreign-invested enterprise now with the establishing of the market economic system.In addition it undermines the unity of the Chinese legal system and led to thedifficulties of application of law. To solve the above problem, this paper useshistorical research methods, value analysis methods and comparison methods. Ianalyzed the causes of the legislation from the legislative process of Foreign-InvestedEnterprise Law and Company Law, discoursed the necessity and feasibility ofrepealing the "dual track" Legislative model by studying the changes in the legislativestatus quo, the defects of the "dual track" legislative mode, the uniformity of law inChina before and foreign legislative experience. This paper also put forward measuresof regulating foreign-invested enterprises by the Company Law from the legislativeideas and company-specific system respects. I hope that through this study to putforward legal amendment proposals for creating a favorable legal environment for theuse of foreign capital.