涉外法治:应对海外投资法律风险的良方

Foreign-Related Rule of Law:A Good Way to Deal with the Legal Risks of Overseas Investment

海外投资法律风险犹如“顽疾”难治,急需一副良方。涉外法治是“法治”理念在涉外领域的展现。首先,从原因角度、表现形式角度和解决方式角度对法律风险进行本体界定,即阐述“顽疾”为何;从概念、结构及其与相近概念界分三个层次,对涉外法治作内涵解读,即阐述良方为何。进而,分析以涉外法治应对海外投资法律风险的适格性,并重点通过对涉外法治基本思路的详细展示与深入剖析进一步证成“良方善治”,即以涉外法治主要内容为依据具体阐释其对于应对海外投资法律风险的作用和效果。最终认为,涉外法治是应对海外投资法律风险的一副良方。

The legal risks of overseas investment are like “stubborn diseases” that are difficult to cure, and a good remedy is urgently needed. The rule of law concerning foreign affairs is the manifestation of the concept of “rule of law” in the foreign affairs field. First of all, this paper defines the legal risks from the perspectives of cause, the pattern of manifestation and solution, that is, to expound what are the “stubborn diseases”. From the concept, the structure and the differences between it and similar concepts, this paper interprets the connotation of foreign-related rule of law, that is, to elaborate what is good prescription. Furthermore, it analyzes the appropriateness of foreign-related rule of law to deal with the legal risks of overseas investment, and further emphatically proves “good prescription and good governance” through detailed display and in-depth analysis of the basic ideas of foreign-related rule of law, that is, it specifically explains its role and effect in dealing with the legal risks of overseas investment based on the main contents of foreign-related rule of law. Finally, it is concluded that the foreign-related rule of law is a good way to deal with the legal risks of overseas investment.