The Study On The Legal Risks Of China's Overseas Parks In The Background Of The Belt And Road

In recent years,with the continuous development of economic globalization and regional integration,China has continuously raised the level of overseas investment.In 2006,the Ministry of Commerce proposed for the first time to build 50 state-level overseas parks to expand the scope of China's foreign investment.In the process of economic reform in our country,the problem of overcapacity has become increasingly prominent.Therefore,the key to our current economic reform is to eliminate backward production capacity and optimize the industrial structure.After the "Belt and Road" initiative was put forward,China increasingly encouraged domestic enterprises to invest directly abroad to set up industrial parks,so as to achieve cluster efficiency through the establishment of overseas parks.In order to alleviate the pressure of overcapacity in China,to promote the optimization and upgrading of domestic economic structure,and to raise the level of overseas investment of our country,we should promote the small and medium-sized enterprises in China to "go out" in such a way as to ease the pressure of overcapacity in our country.As of August 2016,China and 17 countries along the route of "Belt and Road" have built46 overseas parks.According to the Ministry of Commerce,there are 20 state-level overseas parks approved by China.Eight of them are built in countries along the route of "Belt and Road." but in the context of the continuous development of overseas parks under the background of "Belt and Road," various new legal risks have gradually appeared.In practice,any investment has legal risks.Therefore,the legal risk of overseas investment,which is relatively large in both size and quantity,should not be ignored.The legal system of the host country that has set up an overseas park is not uniform.The legal provisions and preferential policies of capital also differ to a great extent,so the legal risks that Chinese enterprises may encounter in the development of overseas parks also have their own uniqueness.It is necessary to analyze and prevent the legal risks that may arise in the course of its development and operation.Therefore,it is necessary to analyze and summarize the current development situation of overseas parks under the background of "Belt and Road" and the main legal risks existing in the process of development of the parks.Then it analyzes thecauses of legal risks in overseas parks,and draws lessons from the successful experiences of the international community and foreign countries on the prevention and control of legal risks.Finally,it proposes to perfect the law of overseas parks under the background of "Belt and Road".Only in this way can we improve the level of overseas investment and promote our enterprises to participate in international competition and cooperation.This article mainly uses the investigation research method,the literature research method and the history research method,carries on the research to the overseas park legal risk question under the "Belt and Road" background.The first part is the introduction,mainly introduces the background and significance of the research on the legal risk of overseas parks under the background of "the Belt and Road",the domestic and foreign research status in this field,the research methods and innovative points of this paper.The second part is about the status of overseas park construction and its legal risks under the background of "Belt and Road".First,it introduces the proposal and development of "the Belt and Road" initiative,and the status of overseas park construction under this background.Then the legal risk of overseas park is clearly defined,and the macro risk and micro risk are distinguished.The third part is the analysis and summary of the legal risk of overseas parks under the background of "the Belt and Road".Firstly,the causes of legal risks in overseas parks are analyzed from three aspects: the host country,the home country of investment and the investment enterprises themselves.Then it introduces the legal risk prevention and control mechanism of overseas investment in the international community and draws lessons from it.The fourth part puts forward some suggestions for perfecting the legal risk prevention and control mechanism of overseas parks under the background of Belt and Road.First of all,we should strengthen and refine the prevention and control measures concerning legal risks in international investment agreements.Secondly,it is necessary to perfect the legal risk prevention and control mechanism of overseas parks,including the construction of legal risk assessment mechanism of overseas parks,the introduction of overseas investment laws and the construction of overseas park insurance system as soon as possible.