| With China's rapid economic growth and domestic investment channels limited,overseas property investments become social hot spots and high-net-worth people are becoming the emerging backbone of overseas real estate buyers group.Individual investors should not only abide by the laws of the investor in the local country,but also must abide by the relevant laws and regulations in China.Individual foreign direct investors have not been clearly acknowledged.Because of Chinese imperfect relevant law system and supporting policies,Chinese overseas real estate investors face risks such as politics,economy,law and so on.Chinese government department should give personal overseas real estate investors corresponding protection within the scope of their functions and powers.At present,the research on legal system of foreign direct investment field is rich,but almostly from the perspective of enterprise research overseas investment enterprise risk prevention and control and the enterprise benefit protection.A small amount of personal research literature of foreign direct investment are based on the abstract category,not for the individual investors in the specific field of overseas real estate research.Although existing administrative rules on foreign direct investment management and services basically cover the important legal system of foreign direct investment field,but the department tendency is obvious and lead to multiple management.And specification files are not conducive to investors with a comprehensive understanding of the law system.This paper based on the Chinese government as the main protector,from the perspective of Chinese law research in our country for individual rights and interests protection problems of overseas real estate investors.Follow raise problem-analysis problem-solve the problem and apply the method of empirical analysis,sum up,comparative analysis,positive and negative reasoning method to do this research.The first part of individual overseas real estate investors' protection of the rights and interests talks about what the rights and interests of overseas real estate investors are and the necessity of its rights and interests protection.The second part analyses the present situation and reason of violated rights,choosing the current three rights and interests of the main difficulties to analyse:first is the real estate agent against individual investors overseas real estate information right;second is China's foreign exchange control limit to choose;third is foreign real estate disputes is difficult to seek the judicial relief.The third part introduces about personal protection of the rights and interests of overseas real estate international experience and lessons.By using positive and negative contrast argumentation,positive to introduce the advanced experience of the United States,from the legal system for protecting personal overseas real estate investment and information services,to perfect China's overseas investment insurance system is obtained and build overseas real estate information service platform.Opposite the failure of the practice in Japan,the Japanese real estate bubble in the 1980 s concluded that the lessons of foreign exchange control should be treated with caution.The fourth part puts forward suggestions of perfecting our country's protection of the rights and interests of overseas real estate investors:clear individual foreign direct investment legal subject status,improve the individual overseas investors information channel,perfecting personal overseas buyers pay channels,improving the personal overseas real estate investment guarantee relief.Conclusion:China should open channels of foreign direct investment for the individual,to protect the legitimate rights and interests of overseas real estate investors,personal standard domestic overseas real estate investment behavior,promote the healthy development of real estate industry at home and abroad,and promote China's foreign direct investment legal system construction. |
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