WTO规则与我国区域外资政策措施的“适世”思考

Thinking about How to Perfect China's Regional Foreign Investment Policies and Measures in the Light of WTO Regulations

面对入世的现实 ,结合WTO规则 ,我国已修改了三资企业法等多部重要的外资法律。但是 ,我国目前的区域外资政策措施中仍存在不少与WTO规则相冲突之处。本文拟结合WTO涉及投资的有关协定和规则 (以TRIMs协议和GATS为主 ) ,分析我国区域外资政策措施与相关WTO规则在外资市场准入、外资国民待遇、外资数量限制等方面的冲突和差距 ,并结合我国引资的新形势和新近立法动态 ,对我国区域外资政策措施进行“适世”思考 ,提出逐步改进和完善我国区域外资政策措施的多方面突破口和导向性举措。

Confronting with the fact that China entered into the WTO and connecting with WTO rules,China has already adapted certain major laws and regulations on foreign investment,such as Law of Chinese-Foreign Equity Joint Ventures,Law of Chinese-Foreign Contractual Joint Ventures,Law of Foreign-Capital Enterprises and so on. However,there are still many conflicts between certain provisions of China's regional policies and measures on foreign investment and the related WTO rules. The thesis,on the basis of the related provisions on foreign investment within the framework of WTO system (taking the TRIMs and GATS as the main body),conducts an analysis on the conflicts and gaps between certain provisions in China's regional policies and measures on foreign investment and the related WTO rules.,covering the areas of foreign capital market access,foreign capital national treatment and foreign capital quantity restriction. According to the new situation on China's tendering foreign capital and the new related legislations,the author brings forth suggestions and guiding measures on how to perfect China's regional foreign investment policies and measures in the light of WTO regulations.