Research On The Legal Issues Of Indirect Expropriation In China Foreign Investment Law

After Foreign Investment Law of the People’s Republic of China being issued,which means a new chapter for foreign investment of China and provides more new material about indirect expropriation.Articles expropriation and compensation are always one of the most important terms of researching problems in foreign investment.This problem is the one of the most difficult issues between developed countries and developing countries.On the one hand,it always related with the protection of foreign investor’s interests.On the other hand,it also affects host country’s economic sovereignty.In a word,indirect expropriation is becoming a more and more important researching issue in foreign investment instead of the problems of direct expropriation.With the help of ‘Belt and Road’Initiative and the improvement of synthetic national power of China,today’s China has dual roles as foreign capital inflow country and foreign capital outflow country.China’s capital has across the global and we have to pay much more attention to the protection of interests overseas.China is owning much more fame and wealth than before which means the old order and system of investment across the world also needs a revolution.Chinese have to think twice before dealing with the problems about the balance between host country and foreign investors.The whole essay includes almost 51,000 words and is divided into 4chapters.The first chapter outlines the indirect expropriation system,which briefly introduces the definition of indirect expropriation,the criteria for identifying indirect expropriation,and the compensation standards for indirect expropriation.By comparing the different theories of the above theories,I choose the viewpoints that the author is more willing to accept and explain the reasons,so as to lay the theoretical foundation for the entire article.The second chapter mainly analyzes the indirect expropriation clauses in the new law,combined with the theoretical background knowledge of the first chapter,through the new law and the old three foreign investment laws and the bilateral and multilateral investment agreements concluded by China and other countries concerning the indirect expropriation The content is compared to introduce the main content of the indirect collection clause in the new law,which will pave the way for the following shortcomings and perfect analysis.The third chapter analyzes the shortcomings of the indirect collection clause in the new law.These deficiencies mainly focus on the lack of clear regulations on the meaning of indirect expropriation,the determination of indirect expropriation and the vague regulation of compensation standards and the absence of exception clauses.The fourth chapter discusses two situations and proposes corresponding improvement suggestions.From the perspective of applying the indirect expropriation clauses in the investment treaties concluded by China and from the perspective of the legislative level,we put forward suggestions on the meaning of indirect expropriation,the criteria for identifying indirect expropriation,the compensation standards for indirect expropriation,and the "exceptional clauses for public security rights" Conduct point of view presentation and reasoning analysis and make a final summary statement.