入世十年中国外商投资法的回眸与展望

    Reviewing and Prospecting of China's Foreign Investment Within the Ten Year's Accession to WTO

    • 摘要: 从对中国入世10年利用外资的基本情况与特点的分析入手,介绍了诸如取缔了4项限制投资措施、拓宽外商投资领域与方式、实现税制并轨等中国外商投资法的重大变化,对中国外商投资法的发展趋势进行了展望。同时针对国内学者对外商投资法发展趋势的争议,对外商投资的市场准入审批制、完全国民待遇、外商投资股份有限公司专门立法、统一外商投资法等问题进行了分析,并提出了建设性意见。

       

      Abstract: The ten years after China accession to WTO are the time that China's reform and opening has been further developing and advantages have been made on absorbing foreign capital,technology,knowledge,management,concept and human resources ect.,and China's foreign investment law has been continuously improved.From the analysis of the basic situation and the characteristics of the foreign investment in China in the past decade,the article introduces the major changes of the foreign investment law of China:The four restrictive measures to foreign investment are banned;the field of foreign investment and ways are broadened;achieved the unification of the tax system is achieved;and the development trend of foreign investment law of China is discussed.To the theoretical differences among the domestic law scholars on the trends of China's foreign investment law, the article analyzes the issues of approval system of market access for foreign investment, full national treatment to foreign investment,special legislation on foreign investment Co., Ltd.,the unification of foreign investment law,and proposes the constructive views on those issues.

       

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