对合资经营相关法律问题的几点思考

Several Thoughts on Questio Juris Related to Joint Venture

对于“JOINTVENTURE”,应突破仅从企业形态对其认识的藩篱,其实质上是一种直接投资方式,译为合资经营,指两个或更多主体共同致力于一项特定商业事业的结合。国家投资政策与投资法律的要求、外国投资者的天然劣势、分散风险与争取待遇上的优惠等诸多因素促使了合资经营的产生与发展。但我国在利用合资经营这种投资方式时视野较狭窄、立法欠缺统一性且诸多规定与实际不符。建议取消以三资企业法为主体的外资法群,将合资经营直接规定于统一的外资法典的投资形式一章,而合资经营的具体法律形式,则交由相应的国内部门法调整。

Our knowledge of joint venture can not be limited just to the formal of business organization, Joint venture is essentially a method of direct investment, which means an associations through it two or more parties dedicated to a specific business project, state＇ s investment policy and the requirement of investment law, foreign investor＇ s natural disadvantage, spreading risk and striving for preferential treatment , all of these factors brought about joint adventure came into being and developed. In practice, joint venture has the diverse manifestation, may be roughly divided into Contractual joint ventures , Incorporated joint ventures and partnership joint ventures. Our country has a tunnel vision in the use of joint venture and the legislation is short of unity , meanwhile many stipulations fall to meet the truth. Hereby we＇ d better cancel the group of foreign investment law and stipulate joint venture directly in the chapter of the form of investment under the unified foreign investment code. The concrete legal form of joint venture then adjusted by the corresponding domestic law.