中国海外投资的监管与保护
发布时间：2019-03-23 17:00
【摘要】：近年来,在巨额外汇储备的支持下,尤其是“走出去”战略的引导下,我国海外投资的发展十分迅速。但随着这种发展,其中的问题也逐渐暴露,我国海外投资的实践经验和相应法律体系方面的缺陷使其面临巨大的风险。面对这种状况,我们亟需完善海外投资的监管和保护体系,从法律和政策上,从国内的监管和国外的保护上,促进海外投资发展,保护海外投资的利益。 本文首先从我国海外投资的发展现状出发,分别阐述了我国海外投资的规模、地区、产业领域以及海外投资的主体和方式。然后,本文从我国海外投资的现行国内法制出发,将海外投资的国内监管分为核准阶段、运营阶段以及退出阶段,并对其进行了具体的分析。接着,本文又从海外投资的跨国保护层面出发,分析了我国利用双边投资协定、多边条约和外交途径对海外投资进行保护的状况。最后,本文对我国海外投资发展中的一些突出问题进行了重点研究,并联系我国海外投资的现状和目标,对这些问题的解决和海外投资法律保障制度的完善提出了建议。 我国的海外投资发展时间不长,不仅投资者缺乏跨国经营的经验,国家也缺乏对其进行监管和保护的经验。因此,本文在对目前我国海外投资的监管和保护状况进行分析的基础上,提出我们不仅要从规范投资者行为的角度出发,对其经营活动进行监督和管理,帮助减少因投资者自身的经营行为所导致的风险,还要从完善国家的海外投资保障体系的角度出发,建立海外投资保险制度和统一的海外投资法律体系,充分利用双边投资协定和MIGA、ICSID等国际性机构,维护海外投资者的合法利益。 另外,由于我国的经济体制和国内的经济发展需求,在我国海外投资的发展过程中还出现了一些特殊的问题。如国有企业海外投资的问题以及能源领域海外投资的问题。本文对国有企业的海外投资状况和所遭遇的风险进行了分析,提出了国有资产的监管要求以及促进民营企业海外投资的方案。本文还对我国现阶段的能源投资状况和所遭遇的风险进行了分析,提出了对能源投资企业进行环境保护监督和政治风险预防的具体做法。
[Abstract]:In recent years, with the support of huge foreign exchange reserves, especially under the guidance of "go out" strategy, the development of overseas investment in China is very rapid. However, with this development, the problems are exposed gradually. The practical experience of overseas investment in China and the defects in the corresponding legal system make it face great risks. In the face of this situation, we urgently need to improve the supervision and protection system of overseas investment, promote the development of overseas investment and protect the interests of overseas investment from the aspects of law and policy, domestic supervision and foreign protection. Starting from the present situation of overseas investment in China, this paper expounds the scale, region, industrial field and the main body and mode of overseas investment in China respectively. Then, starting from the current domestic legal system of overseas investment in China, this paper divides the domestic supervision of overseas investment into three stages: approval stage, operation stage and exit stage, and makes a concrete analysis of it. Then, from the perspective of cross-border protection of overseas investment, this paper analyzes the protection of overseas investment by bilateral investment agreements, multilateral treaties and diplomatic channels. Finally, this paper focuses on some outstanding problems in the development of overseas investment in China, and puts forward some suggestions on how to solve these problems and improve the legal guarantee system of overseas investment in the light of the present situation and objectives of overseas investment in China. The overseas investment of our country has not developed for a long time, not only the investors lack the experience of transnational operation, but also the country lacks the experience of supervision and protection. Therefore, on the basis of the analysis of the supervision and protection of overseas investment in China at present, this paper puts forward that we should not only supervise and manage the business activities of investors from the perspective of standardizing the behavior of investors, To help reduce the risks caused by the investors' own business actions, and to set up an overseas investment insurance system and a unified overseas investment legal system from the angle of perfecting the national overseas investment security system, Make full use of bilateral investment agreements and international institutions such as MIGA,ICSID to safeguard the legitimate interests of overseas investors. In addition, due to China's economic system and domestic demand for economic development, there are also some special problems in the development of China's overseas investment. Such as the problem of state-owned enterprises overseas investment and energy sector overseas investment problems. This paper analyzes the state of the state-owned enterprises' overseas investment and the risks they encounter, and puts forward the supervision requirements of the state-owned assets and the scheme to promote the overseas investment of the private enterprises. This paper also analyzes the current situation of energy investment and the risks encountered in our country, and puts forward the concrete measures to supervise the environmental protection and prevent the political risks of the energy investment enterprises.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.295;D996.4;F832.6
本文编号：2446051
[Abstract]:In recent years, with the support of huge foreign exchange reserves, especially under the guidance of "go out" strategy, the development of overseas investment in China is very rapid. However, with this development, the problems are exposed gradually. The practical experience of overseas investment in China and the defects in the corresponding legal system make it face great risks. In the face of this situation, we urgently need to improve the supervision and protection system of overseas investment, promote the development of overseas investment and protect the interests of overseas investment from the aspects of law and policy, domestic supervision and foreign protection. Starting from the present situation of overseas investment in China, this paper expounds the scale, region, industrial field and the main body and mode of overseas investment in China respectively. Then, starting from the current domestic legal system of overseas investment in China, this paper divides the domestic supervision of overseas investment into three stages: approval stage, operation stage and exit stage, and makes a concrete analysis of it. Then, from the perspective of cross-border protection of overseas investment, this paper analyzes the protection of overseas investment by bilateral investment agreements, multilateral treaties and diplomatic channels. Finally, this paper focuses on some outstanding problems in the development of overseas investment in China, and puts forward some suggestions on how to solve these problems and improve the legal guarantee system of overseas investment in the light of the present situation and objectives of overseas investment in China. The overseas investment of our country has not developed for a long time, not only the investors lack the experience of transnational operation, but also the country lacks the experience of supervision and protection. Therefore, on the basis of the analysis of the supervision and protection of overseas investment in China at present, this paper puts forward that we should not only supervise and manage the business activities of investors from the perspective of standardizing the behavior of investors, To help reduce the risks caused by the investors' own business actions, and to set up an overseas investment insurance system and a unified overseas investment legal system from the angle of perfecting the national overseas investment security system, Make full use of bilateral investment agreements and international institutions such as MIGA,ICSID to safeguard the legitimate interests of overseas investors. In addition, due to China's economic system and domestic demand for economic development, there are also some special problems in the development of China's overseas investment. Such as the problem of state-owned enterprises overseas investment and energy sector overseas investment problems. This paper analyzes the state of the state-owned enterprises' overseas investment and the risks they encounter, and puts forward the supervision requirements of the state-owned assets and the scheme to promote the overseas investment of the private enterprises. This paper also analyzes the current situation of energy investment and the risks encountered in our country, and puts forward the concrete measures to supervise the environmental protection and prevent the political risks of the energy investment enterprises.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.295;D996.4;F832.6
【引证文献】
相关博士学位论文 前1条
1 黄志瑾;中国国有投资者境外投资法律问题研究[D];华东政法大学;2013年
，本文编号：2446051
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