Legal Risks And Countermeasures Of Outward Foreign Direct Investment In China’s ICT Industry

The ICT industry is the general term for all high-tech industries that utilize advanced modern computer technology to produce information equipment,develop information data and provide information technology services.As one of the strategic basic industries to promote China’s economic development,the industry will lead the world’s fourth scientific and technological revolution.Throughout the history of international investment,we can see that developed countries with the developed ICT industry,the technology relatively mature early,more leading innovation ability,in the case of the domestic investment market is saturated,usually with a variety of national policy support,actively encourage domestic ICT industry to enter the overseas market,looking for a new economic growth point,to expand overseas.One of the main forces in China’s outward foreign direct(OFDI)investment.ICT industry has become the vane of the country’s economic development and is closely related to our lives.China’s ICT industry actively seeks overseas market opportunities and has established friendly partnership with many countries and regions,but compared with the developed country,there is still a big gap in the development of China’s ICT industry,and there are large legal risks in foreign direct investment activities.Therefore,it is of great theoretical value and practical significance to study the legal risk of OFDI in ICT industry in China.The first chapter of this paper summarizes the basic situation of legal risks of OFDI in China’s ICT industry.Firstly,the definition,development and characteristics of China’s OFDI are introduced.Then it introduces the meaning,types and main risk types of the legal risks of OFDI in this industry in China,which lays a cognitive foundation for the development of the following paper.The second chapter analyzes the main legal risks of OFDI in China’s ICT industry in the form of case analysis.This part first analyzes the current situation and shortcomings of the legal risk of intellectual property infringement.This part of risk mainly includes two aspects: legal risk caused by inconsistent protection standards and legal risk caused by abusive behavior.Then it analyzes the current situation and shortcomings of national security review legal risks.This part mainly focuses on traditional security review points and new security review points.Finally,the paper analyzes the current situation and shortcomings of the legal risk of long-arm jurisdiction,including the expanding long-armjurisdiction and the American sanctions against other countries.The third chapter is the analysis and reference of foreign advanced legal risk avoidance experience.Based on the advanced experience of South Korea’s SAMSUNG and Japan’s NEC as well as the specific practices of the "privacy shield" agreement between the us and Europe,this part concludes that the government should play a leading role in investment,the investment direction of enterprises should be in line with the strategic objectives of the local government,and comprehensive consideration should be given to the location selection.At the same time,for these experiences,we should not generally understand,blindly copy,but deeply analyze the domestic background the above enterprises taking this approach to the domestic background.Based on this,the existing practices in China are improved and perfected according to the development reality of ICT industry in China.Chapter four deals with the legal risk response of OFDI in ICT industry in China.This part firstly briefly summarizes the advanced experience of foreign countries,and meanwhile analyzes the cross-cultural and cross-institutional factors of ICT enterprises’ OFDI that still need to be considered while improving the response suggestions in China.Then from the perspective of the enterprise to reform human resources and other suggestions.Finally,from the perspective of the government,the government should actively participate in the formulation of investment agreement and other suggestions.It is hoped to provide help for the improvement of the legal risk response system of OFDI in China’s ICT industry.