我国利用外资立法指导思想反思

Reflections on China′s Utilization of Foreign Investment Legislation Guiding Ideology

利用外资最终的结果应当是东道国运用外资所得的利益远大于为吸引外资所付出的代价,否则就是被外资利用。遗憾的是,我国利用外资的效益不尽如人意,反而为发达国家实现他们的目标作了嫁衣。其本质原因,在于我国外资立法没有树立正确的指导思想。外资立法鼓励外商扩大出口加剧我国贸易顺差,使许多国内外贸企业由于境外订单剧减而关闭。鼓吹中国经济越开放越安全,从而主张弱化审批,不惜开放市场换取外商技术。外资立法将国家经济利益的增长作为利用外资的首要目的,忽视了国民利益。文章对这些思想正本清源,确立了保护适度出口、平衡利用外资与国家经济安全、鼓励境外获取技术和藏富于民的立法指导思想,希望能将这些指导思想贯穿于外资立法的整个体系之中。

The utilization of foreign investment should be that the host country acquire inter-ests from the use of foreign capital is much larger than the price paid to attract foreign investment. Otherwise, it is by the utilization of foreign investment. Unfortunately, the efficiency of foreign investment in China is less than satisfactory. On the contrary, the use of foreign capital helped developed countries to achieve their goals. The essential reason of this situation is that China＇s foreign investment legislation did not establish a correct guiding ideology. China＇s foreign invest-ment legislation encouraged to expand exports that exacerbated China＇s trade surplus, many do-mestic foreign trade enterprises less overseas orders and drama off. China＇s foreign investment legislation Advocated weakening the approval of Market access and Sacrificing Market for technol-ogy in the ideology of which China＇s economy is more open and more secure. In china＇s foreign investment legislation, the primary purpose of the use of foreign capital was not the national inter- est but the growth of the national economic interests. The article redresses these ideas, establi-shes the legislation guiding ideology of modest export, the balance between foreign investment and national economic security, access to technology outside borders and addition to citizens＇ wealth. These guiding ideologies should be throughout the entire system of china＇s foreign investment leg-islation.