在华跨国公司不法行为的法律规制研究
发布时间：2018-08-16 19:09
【摘要】：随着国际经济交往的发展,经济全球化趋势进一步加强。资本在国际间的流动催生出跨国公司这一经济载体。跨国公司最早可以追溯到1600年,现代意义上的跨国公司产生于19世纪60年代,并在二战之后得到了迅猛发展。跨国公司作为资本主义的产物,在中国仅有几十年的历史,在改革开放和经济体制改革以后,才得到了真正的发展。但跨国公司是我国的市场经济主体的法律地位是确定的。跨国公司自产生以来,在全球及各国的经济发展中占据着举足轻重的地位。随着改革开放、经济体制的转变及加入世界贸易组织的步伐,我国通过产业优惠政策等充分吸引外资,解决建设资金的不足,引进了国外先进的技术和管理经验,促进我国技术的革新及产业机构的优化。如今我国成为了世界第一贸易大国,引入外资金额居世界第二位。在中国经济发展如此迅速,投资环境日趋成熟、发展前景如此光明的今天,跨国公司瞄准了中国市场,其在华数量及规模日益扩大,中国已经成为了世界上最具吸引力的投资目的地。在促进我国经济发展的同时,跨国公司亦显露出种种弊端,其诸多不法行为已对我国的经济发展造成了阻碍,不利于我国产业的技术进步和产业结构的升级,并有侵害我国本国产业及劳动者利益的情况。所以,对跨国公司及其不法行为进行研究是必要的,必须加强对跨国公司的规制措施。对跨国公司的规制,要通过国际法和国内法两个层面。在国际法层面,国际社会要加强国际条约的制定,从根本上确保各国行为的一致性,是解决跨国公司相关问题的最有效途径。目前的国际投资领域的全球性条约主要有《跨国公司行动守则》(未生效)、《TRIMS协议》及《GATS》等,此外还有大量的双边投资协定和区域性条约安排等,这些都是国际社会为协调跨国公司问题所作出的努力。在国内法层面,基于领土主权和经济主权原则,我国实行的是政策法律并行调整制度。随着我国经济形势的变化,要适时调整我国对外资的产业政策,要根据我国经济发展情况作出恰当的优惠让步,一味地优惠政策时代已经结束。自1979年第一部外资法《中外合资经营企业法》诞生至今,我国已基本建立了一套外资法律体系,来系统规范跨国公司的行为。但是我国的外资法律体系还很年轻,还有诸多不足和空白需要完善和补充。通过对最近相关案例的分析和最新的权威统计数据,了解跨国公司在我国的现状及发展趋势。在法治社会的今天,要重视我国外资法律体系的建立及完善,加强对劳动者权益的保护,借鉴世界其他国家的成熟市场管制经验,并加强世界各国之间的合作交流,将跨国公司纳入我国法治化轨道,使得跨国公司能够更好地为我国所用,为我国及世界经济发展做出贡献。
[Abstract]:With the development of international economic exchanges, the trend of economic globalization has been further strengthened. The flow of capital in the international world spawned the multinational corporation as the economic carrier. MNCs can be traced back to 1600. In the modern sense, MNCs emerged in the 1860s and developed rapidly after World War II. As the product of capitalism, multinational corporations have a history of only a few decades in China, only after the reform and opening up and the economic system reform, has got the real development. However, the legal status of multinational corporations as the main body of market economy in China is certain. Transnational corporations (MNCs) have played an important role in the economic development of the world and other countries since their emergence. With the reform and opening up, the transformation of the economic system and the pace of China's accession to the World Trade Organization, China has fully attracted foreign investment through preferential industrial policies, solved the shortage of construction funds, and introduced advanced foreign technology and management experience. To promote technological innovation and optimization of industrial institutions in China. Now China has become the world's largest trading country and the second largest amount of foreign investment in the world. At a time when China's economy is developing so rapidly, the investment environment is maturing day by day, and the prospects for development are so bright, multinational corporations are aiming at the Chinese market, and their number and scale in China are expanding day by day. China has become the world's most attractive investment destination. While promoting the economic development of our country, multinational corporations also show various disadvantages, and many illegal acts have hindered the economic development of our country, which is not conducive to the technological progress and the upgrading of industrial structure of our country. And there is a violation of our own industry and the interests of workers. Therefore, it is necessary to study the transnational corporation and its illegal behavior, and must strengthen the regulation measures of the transnational corporation. The regulation of multinational corporations should be from the two aspects of international law and domestic law. In the aspect of international law, it is the most effective way for the international community to strengthen the making of international treaties and to ensure the consistency of the behavior of various countries. The current global treaties in the field of international investment mainly include the Code of Conduct for Transnational corporations (not in force), the TRIMS Agreement and the GATS, as well as a large number of bilateral investment agreements and regional treaty arrangements. These are the efforts of the international community to coordinate the issue of transnational corporations. At the level of domestic law, based on the principles of territorial sovereignty and economic sovereignty, China implements the system of concurrent adjustment of policy and law. With the change of our country's economic situation, we should adjust our country's industrial policy to foreign capital in time, make appropriate preferential concessions according to our country's economic development, and the era of blindly preferential policy is over. Since the birth of the first Foreign Investment Law, the Sino-Foreign Joint Venture Law in 1979, China has basically established a set of foreign capital legal system to systematically regulate the behavior of multinational corporations. However, the legal system of foreign investment in China is still very young, there are still many deficiencies and gaps need to be improved and supplemented. Through the analysis of recent related cases and the latest authoritative statistical data, we can understand the current situation and development trend of multinational corporations in China. In the society of rule of law, we should pay attention to the establishment and perfection of the legal system of foreign investment in our country, strengthen the protection of the rights and interests of workers, learn from the mature market control experience of other countries in the world, and strengthen the cooperation and exchange among countries in the world. Bringing transnational corporations into the legal orbit of our country will enable them to make better use for our country and contribute to the development of our country and the world economy.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996;D922.29;F276.7
本文编号：2186905
[Abstract]:With the development of international economic exchanges, the trend of economic globalization has been further strengthened. The flow of capital in the international world spawned the multinational corporation as the economic carrier. MNCs can be traced back to 1600. In the modern sense, MNCs emerged in the 1860s and developed rapidly after World War II. As the product of capitalism, multinational corporations have a history of only a few decades in China, only after the reform and opening up and the economic system reform, has got the real development. However, the legal status of multinational corporations as the main body of market economy in China is certain. Transnational corporations (MNCs) have played an important role in the economic development of the world and other countries since their emergence. With the reform and opening up, the transformation of the economic system and the pace of China's accession to the World Trade Organization, China has fully attracted foreign investment through preferential industrial policies, solved the shortage of construction funds, and introduced advanced foreign technology and management experience. To promote technological innovation and optimization of industrial institutions in China. Now China has become the world's largest trading country and the second largest amount of foreign investment in the world. At a time when China's economy is developing so rapidly, the investment environment is maturing day by day, and the prospects for development are so bright, multinational corporations are aiming at the Chinese market, and their number and scale in China are expanding day by day. China has become the world's most attractive investment destination. While promoting the economic development of our country, multinational corporations also show various disadvantages, and many illegal acts have hindered the economic development of our country, which is not conducive to the technological progress and the upgrading of industrial structure of our country. And there is a violation of our own industry and the interests of workers. Therefore, it is necessary to study the transnational corporation and its illegal behavior, and must strengthen the regulation measures of the transnational corporation. The regulation of multinational corporations should be from the two aspects of international law and domestic law. In the aspect of international law, it is the most effective way for the international community to strengthen the making of international treaties and to ensure the consistency of the behavior of various countries. The current global treaties in the field of international investment mainly include the Code of Conduct for Transnational corporations (not in force), the TRIMS Agreement and the GATS, as well as a large number of bilateral investment agreements and regional treaty arrangements. These are the efforts of the international community to coordinate the issue of transnational corporations. At the level of domestic law, based on the principles of territorial sovereignty and economic sovereignty, China implements the system of concurrent adjustment of policy and law. With the change of our country's economic situation, we should adjust our country's industrial policy to foreign capital in time, make appropriate preferential concessions according to our country's economic development, and the era of blindly preferential policy is over. Since the birth of the first Foreign Investment Law, the Sino-Foreign Joint Venture Law in 1979, China has basically established a set of foreign capital legal system to systematically regulate the behavior of multinational corporations. However, the legal system of foreign investment in China is still very young, there are still many deficiencies and gaps need to be improved and supplemented. Through the analysis of recent related cases and the latest authoritative statistical data, we can understand the current situation and development trend of multinational corporations in China. In the society of rule of law, we should pay attention to the establishment and perfection of the legal system of foreign investment in our country, strengthen the protection of the rights and interests of workers, learn from the mature market control experience of other countries in the world, and strengthen the cooperation and exchange among countries in the world. Bringing transnational corporations into the legal orbit of our country will enable them to make better use for our country and contribute to the development of our country and the world economy.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996;D922.29;F276.7
【参考文献】
相关期刊论文 前1条
1 付丽;;关于外资企业国际转让定价避税问题的思考[J];绿色财会;2006年08期
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