论WTO多边贸易体制下中国外商投资法律制度的完善

On the improvement of China's foreign investment legal system under the multilateral trade system of WTO

作为WTO成员国的中国,现行的外商投资法与WTO协定中有关投资的规定仍有差距,诸如在外资准入、外资经营及立法体系等方面还存在不少问题。因而提出了改革并完善我国外商投资法的具体建议。

As a set of rules whose major function is to regulate international trade, many of WTO's agreements have direct or indirect relation with investment. To some extent, WTO is a group of agreements concerning multilateral investment, which has a deep influence on the domestic laws of the WTO member states. As a member state of WTO, China should take efforts to study WTO system from the perspective of investment and find out the gap between the international standards and the domestic laws, which is of great theoretical and practical significance to amend and improve China's foreign investment legal system. In this article, the authors briefly analyze the WTO agreements from the perspective of investment. The authors point out the gap between WTO's relavant agreements and China's domestic laws. In the end, some suggestions are put forward in order to finalize the municipal law.