Dissertation > Political, legal > Legal > Chinese law > Economic Law > Of economic and transportation of Posts and Telecommunications Management Act

Study on Legal System of Admission and Establishment of FDI in Telecommunication Services in China

Author LiXinLi
Tutor LiYong
School East China University of Political Science
Course Legal
Keywords Telecommunications industry Foreign capital access International investment liberalization
CLC D922.296
Type Master's thesis
Year 2008
Downloads 123
Quotes 3
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China's accession to the WTO in December 2001, the widespread fear that after the opening up of China's telecommunications industry, foreign swarmed in the domestic telecommunications enterprises a tremendous impact. Not the case, however, since the telecommunications industry is not expected foreign investment poured into the situation. The opening up of the telecommunications industry the past few years, the proposed business application small number of foreign investors, and also appeared in many foreign investors to circumvent the law, illegal operation. In this regard, it is necessary to explore the reasons behind it from the perspective of the telecommunications industry, foreign access system. This paper is divided into four chapters, about 36,000 words, the main contents are as follows: the first chapter analyzes the connotation of foreign access system for the telecommunications industry, and briefly describes the framework of the national telecommunications industry foreign access system. Telecommunications industry foreign access system refers to a country to allow foreign direct investment in the domestic telecommunications market and legal norms operate telecom services in the country set up industry. In general, the national telecommunications industry foreign access system required by the telecommunications industry, foreign access to domestic law constitute a bilateral and multilateral agreements and WTO rules. Chapter II, foreign access system for analysis of the telecommunications industry in Brazil, India, Russia, and summarized its Implications for China. Brazil, India, Russia and China's basic national conditions is more approximate population, the area's rapid economic development, the four countries is an economist at Goldman Sachs and called the \Telecom industry of Pakistan trilateral foreign access system differences, Brazil adopted a completely free access system, India has taken a relatively free access system, Russia has taken a restrictive access system. Loose access system in Brazil and India to attract large amounts of foreign investment, but the Brazilian system is too free, many important communications enterprises are foreign controlled. Russia is too restrictive, the introduction of foreign capital is very limited. Three access system can provide useful lessons for China. Chapter III analyzes the status quo of China's telecom industry, foreign access system, to study the shortcomings of the system. China's telecom industry, foreign access institutional system consists of three levels, namely, that domestic laws and regulations on foreign investment, the laws and regulations of the telecommunications industry, as well as our participation in bilateral and multilateral trade agreements. The current telecommunications industry foreign access system there are six areas of deficiencies, including the legal system is flawed, the main eligibility of foreign investors of the telecommunications industry, the telecommunications business segment imperfect FITE proportion of foreign, independent of the telecommunications regulatory body enough foreign telecom enterprises to set up the lack of procedural requirements. Chapter IV, made a number of recommendations for the improvement of China's telecom industry, foreign access system. To improve the shortcomings of China's telecom industry, foreign access system in general should take this idea to improve the access provisions of the the foreign telecommunications industry uncoordinated with WTO rules, learn from other countries' foreign access system for the telecommunications industry, the implementation of a more liberal foreign access system. Specifically, should improve foreign access to the legal system of the telecommunications industry, relaxation of the main qualifications of foreign investors, improve telecommunications business segment, improve the FITE foreign shares than the upper limit, strengthen the independence of the telecommunications regulatory body, established improved FITE program .

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