The Study On Actual Controllers System In Foreign Investment

The announcement of "Foreign Investment Law(Draft)" is a major breakthrough to improve China’s foreign investment law system. Wherein, when the second chapter on foreign investors to be defined, in accordance with the standard registered the draft introduced the "actual controllers" standard, which will determine the nationality of the investor. The introduction of the "actual controllers" standard in the field of foreign investment will have a significant impact on the investment environment in China. Thus, on the basis of in-depth analysis of actual controllers system in foreign investment, through comparison with common law and civil law countries’ actual controller’s regulation in the field of foreign investment, the author finds there are many shortcomings in the relevant provisions of actual controllers in " Foreign Investment Law(Draft), such as the standard is not clear, deemed under the actual controllers of the situation in the capital of legal consequences is not clear, and so on. At the same time, the author proposes suggestions that specific actual controllers’ criteria, clear the consequences of domestic case and so on.