我国对外直接投资核准制度的问题及完善

On the Problems and Improvement of Chinese Foreign Investment Approval System

为了配合我国外资政策向"引进来"和"走出去"相结合的转变,我国对外投资法律也进行了调整,将原有的审批制改为核准制,便利了对外直接投资。然而,现有的对外投资核准制度仍然存在诸多问题,降低了法律的透明度,增加了对外投资的不确定性和成本。有必要通过制订统一的《境外投资管理法》并设立统一的审批部门,并通过法律明确认可诸如自然人等非法人实体对外投资主体的资格,从而真正实现对外投资的便利化。

In order to adapt to the changing Chinese foreign investment policy, the related legal regime has been adjusted to facilitate invstment outflow. However, there are still many problems with the current outward investment approval system, which reduces the transparancy of law and increase the uncertainty and cost of investment. In order to promote investment outflow from China, a special law on outward foreign direct investment should be made which establishes an unified authority and recognizes the capacity of non -judicial person entities to invest abroad.