Dissertation > Political, legal > Legal > Chinese law > Economic Law > Foreign-related economic management Act

A Study of Evasion of Law in China’s International Investment Area

Author FangGuanYu
Tutor ZhouHongJun
School East China University of Politics and Law
Course International law
Keywords International Investment Evasion Form Causes Affect Attitude Countermeasure
CLC D922.295
Type Master's thesis
Year 2005
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Since the late seventies, China's international investment to adopt an open policy, foreign direct investment capital on showing a momentum of sustained growth, China has become an important area of ??international investment capital importer. According to statistics, in 2003 China has become the world's largest foreign direct investment in the country absorb. The field of international investment law along with international investment practice has evolved from the development since the late seventies. But in the twenty years of practice, the use of foreign capital and domestic capital all sorts of Chinese law loopholes to circumvent the law of the case is also not uncommon. Evasion of law, private international law as a theory originated in the legal concepts, both in private international law or domestic law and effectiveness of its definition there are different views. In the field of international investment, both private international law may exist to circumvent the legal sense, there could be a sense of national law to circumvent the law. Specifically, in our practice, in a quasi-investment access links in the management rights issues and in the distribution of profits and taxes are all kinds of laws exist to circumvent the phenomenon. Circumvention of the law produces a product of a variety of factors. On the economic front, the legal economy people maximize their own interests to pursue, as well as the supply of non-Walrasian equilibrium law rule is to produce legal to circumvent the important reasons. From the law itself, the law itself is characterized by defects and also produce our legal reasons to circumvent the law. Besides law enforcement and socio-cultural factors are also to provide the conditions to circumvent the law. On China to circumvent the law exists in the area of ??international investment both positive and negative implications. Negative impacts include: undermine the authority and unity of the legal system; the country's macro-control, industrial policy damage; cause foreign share of interest arising from the outflow; bring the body to circumvent potential legal risks; making circumvent the main benefit is unstable; cause the development of investment projects unpredictability and may affect the behavior of investors in the future in other investment. Positive effects include: to a certain extent reflect the laws and regulations of the shortcomings and deficiencies, is conducive to perfect law; to a certain extent, become the originator of institutional innovation; legal averse innovation is the adaptation of the legal malpractice; legal averse promote innovation

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