我国外商投资企业法存在的问题及其对策

Problems in the legal system of foreign-invested enterprises and the corresponding measures

修改后的我国外商投资企业法与法规、规章间相互冲突、矛盾的现象仍较为严重 ,“国民待遇上位偏离”的规定依然大量存在 ,外商投资企业法与公司法等其他市场主体法之间不协调之处没有任何实质性的变化 ,这些对我国外商投资企业法的执行和法制环境建设带来了消极影响 ,为此 ,必须进行修改和完善 ,提高立法质量 ,统一法制 。

There are problems in the revised laws of foreign-invested enterprises. They conflict with the related laws and regulations and rules seriously. “supra-national treatment” exists widely. The inconsistence between laws of foreign-invested enterprises and the laws on market subjects as company laws have not been changed essentially. These problems have brought negative effects to the implementation of laws of foreign-invested enterprises and the construction of its legal environment. Therefore, measures should be taken to revise and perfect them, enhance the quality of legislation, unify the legal institutions and build up the authority of laws and regulations.