海南自贸港外商投资保护制度的新发展及完善建议

New Developments and Improvement Suggestions for ForeignInvestment Protection System in Hainan Free Trade Port

近年来,国际投资规则发展呈现出外商投资保护力度不断加强、外商投资环境持续优化的趋势与特征,我国始终坚持推动外商投资保护制度改革向纵深发展的战略,出台了《外商投资法》及其实施条例。海南自贸港深化改革、创新外商投资保护制度并取得了显著实效,在《外商投资法》及其实施条例的基础上,海南自贸港在国有化与征收、合法收入保护、依法履行合同以及不履行应赔偿原则、投诉机制建设、外商投资合同生效无需行政审批这五个方面都实现了机制创新。但在政府依照承诺履行协议和外商投资企业的评论机制建设这两个方面仍存局限性,亟待进一步完善,以提升海南自贸港引入外商投资的制度竞争力,并为中国外商投资制度改革提供先行先试的海南智慧与经验。

In recent years,the development of international investment regulations has exhibited a vital trend towards reinforcing foreign investment protection and optimizing the foreign investment environment.China has consistently adhered to the strategy of promoting the reform of foreign investment protection system to deepen development and has introduced the Foreign Investment Law and its implementing regulations.The Hainan Free Trade Port has taken steps to deepen the reform and innovation of the foreign investment protection system,yielding impressive results.Building on the foundation of the Foreign Investment Law and its implementing regulations,the Hainan Free Trade Port has made institutional innovations in five key areas,including nationalization and expropriation,legitimate income protection,contract performance in accordance with the law and the principle of compensation for non-performance,complaint mechanism construction,and the absence of administrative approval for foreign investment contract enforcement.However,there are still limitations in two aspects of the Hainan Free Trade Port,namely the government􀆳s adherence to agreements and the establishment of a review mechanism for foreign-invested enterprises.These areas require further improvement to enhance the institutional competitiveness of the Hainan Free Trade Port in attracting foreign investment.Moreover,the experience and institutional wisdom of Hainan Free Trade Port could serve as a pilot for the reform of China's foreign investment system.