对中国外资领域中国民待遇问题的再思考——《TRIMS协议》下中国外资立法面临的挑战

Reflection on National Treatment in the Area of Foreign Investment --The TRIMS' Challenge to Chinese Legislation in Foreign Investment

探讨了 WTO协议所强调的国民待遇原则与中国外资法的种种不协调之处 ,诸如外商投资在我国享有广泛的国民待遇和“超国民待遇”,也遭受许多不公正的低国民待遇 。

China has been one member of WTO since the end of 2001 after a long negotiation for 14 years. Accordingly, the agreements of WTO will be effective sooner or later in China. Many experts study the disharmony between WTO agreements and Chinese laws, especially about the national treatment. This paper expounds the treaties in foreign investment in China and presents some proposals about the legislation of foreign investment.