论我国海外投资立法缺陷及完善

On the Deficiencies and Improvement of China's Overseas Investment Legislation

改革开放以来我国海外直接投资发展速度很快,但我国的海外投资立法明显滞后于海外投资的发展速度和规模,随着我国加入WTO和经济全球化的日益发展,我国海外投资立法存在的缺陷亦日趋显现,影响和制约了我国的海外投资活动。因此,我国海外投资立法的当务之急应是进一步建立和健全我国海外投资法规体系和管理体制,迅速填补调整海外投资各环节的法律空白,完善现有法律的不足。

China＇s overseas direct investment has a rapid development in scale and speed since reform and opening up of the country. However China＇s overseas investment legislation has underdeveloped obviously. With China＇s accession to the WTO and the growing economic globalization, the flaws of China＇s overseas investment legislation has been more and more serious, impacted and restricted the expansion of China＇ s overseas investment. Therefore, the urgent task of China is to establish and improve the legal system and management system of China＇s overseas investment, fill the legal vacuity in the various sectors of overseas investment rapidly, and improve the deficiencies of existing legislation.