Research On The Legal Issues Of Foreign Investment In China

China's current foreign investment law in the past thirty years was provided a strong legal protection between our country and attracted foreign investment to China,but the foreign investment law was unable to adapt to the further development of trade and investment globalization. This article discusses the proposition in the background and significance of the status quo, based on legal sources from the Foreign Investment comb, analyzes funded Enterprise Law and the “Company Law”,since the purpose of legislation, applicable conditions, the role of law and other reasons as well, that causing conflict of laws such as the investors, the foundation and the principle of the establishment, the capital increases or decreases manner,governance structure, ownership transfer, exit mechanisms, etc. And the presence of by-case examination and approval system of foreign-invested enterprises, two-track system, conflict and autonomy of private law concept and other defects. Presented a sound legal system of foreign investment-related considerations and suggestions: First,foreign investment legal system should be stripped Business Organization Law,because the concept of clear corporate legal form independent value, and foreign investment laws Rational Orientation and practical requirements. Second, our legislation mode of foreign investment selection, which though analysis of the United States, Japan, Canada, China and other major countries Foreign Investment Legislation, make sure that is necessity and feasibility for Domestic and Foreign investment law to be union. Agree the transition from the complex two-track system of such legislation to the Codex mode because that is more conform to the present stage of development; Codex mode legislative system commonly used legal framework of the Trinity, with "foreign investment law", the domestic laws,administrative regulations, departmental rules and regulations, as well as international treaties. Third, convergence of old and new investment law that need to address the core issues that define the type of foreign-invested enterprises, get rid of the plight of the "pseudo Board centrism"; the convergence of old and new law on specific issues need to be resolved, namely the relevant legal linkage modification, the convergence of old and new law should be operationalized and foreign investment companies defined. At the end, the methods of the law applicable solution to the conflict Foreign Investment Law and the "Company Law" are: First, by analogy special rules potencylevels applicable law; the second is to coordinate the development of relevant judicial interpretations.