On The Prevention Of Legal Risks Of Chinese Enterprises’ Overseas Investment Under The Background Of "One Belt One Road"

Since our country proposed the "One Belt One Road" initiative in 2013,Chinese companies have made great achievements in overseas investment.While the "One Belt One Road" initiative provides good opportunities for Chinese enterprises to go global,it also brings many problems,especially the legal risks.How to prevent legal risks is of great practical significance for companies going global to better grasp investment opportunities and achieve sustainable development.Based on this,this paper provides an overview of the overseas investment situation of Chinese companies against the background of the “One Belt,One Road” initiative,analyzes the necessity of strengthening overseas investment of enterprises under the background of "One Belt and One Road",and elaborates on the prospects of "going out" enterprises.The types of legal risk that you may face during the entry,investment management,and termination stages analyze the external and internal factors of legal risks of companies’ overseas investments to propose targeted prevention strategies and countermeasures to improve the quality and efficiency of the investment of companies going abroad.The research content of this article mainly includes five chapters.The first chapter is the introduction of the article.The second chapter mainly analyzes current status of overseas investment by Chinese companies and the necessity of strengthening the legal risks of enterprises’ overseas investment.The “Belt and Road” is currently in the stage of improvement and implementation.Chinese enterprises make full use of the opportunities brought by the “Belt and Road” initiative to invest in countries along the route.The main investment entities are changing from state-owned enterprises to private enterprises,and the investment entities are diversified.The targets are mostly developing countries with imperfect legal systems,and the areas of investment are gradually expanding.Based on the status of overseas investment by Chinese enterprises,as well as the requirements of coordinating the legal differences in my country’s overseas investment and promoting the healthy development of my country’s "One Belt One Road" economy,it is necessary to guard against legal risks in overseas investment of enterprises.The third chapter of this article deeply analyzes the legal risks of Chinese enterprises’ overseas investment under the background of "One Belt One Road".A comprehensive analysis of the legal risks of enterprises’ overseas investment from three levels: legal risks at the beginning of a company’s foreign investment,the management of a company’s foreign investment,and the end of a company’s foreign investment.During the enterprise’s overseas investment access stage,investors may face legal risks in the host country government’s restrictions on foreign investors’ equity,restrictions on the scope of foreign investment access,investment performance requirements,and national security reviews for foreign investment access;There are differences in host country laws,customs,national conditions,etc.,which may cause legal risks in environmental protection,taxation,intellectual property protection,labor protection,data protection,etc.;companies will also face the nationalization of corporate project ownership and host country restrictions during the exit stage of corporate overseas investment The risks of the free transfer of capital need to be guarded against.In the fourth chapter,it analyzes the causes of legal risks in corporate overseas investment from two aspects: external factors and internal factors.Chapter 5proposes preventive countermeasures from the level of international law,domestic law,and corporate management based on the analysis content of the first four chapters of the article.At the level of international law,it is necessary to upgrade bilateral investment protection agreements,build an international investment dispute settlement mechanism and strengthen the construction of transnational legal coordination mechanisms;at the level of domestic law,China’s overseas investment legal system needs to be improved,and the existing overseas risk management system and overseas investment insurance system will be further improved.Finally,from the perspective of corporate management,it is also very important to improve corporate management systems,corporate risk prevention awareness,and diversify overseas investment through diversified methods.