中国企业对东盟投资若干法律问题研究
发布时间：2019-05-23 12:54
【摘要】：在国际经济领域中由于经济全球化和区域一体化趋势的加强,各国间经济交流活动越来越频繁。海外投资作为一种国际资本流动方式在各国的国民经济中起着重要作用。一国海外投资的发达与否已成为衡量其经济实力和国际竞争能力的重要标准。随着2009年中国和东盟《投资协议》的正式签署,中国—东盟自由贸易区建设的主要法律程序已经基本完成,从而标志着中国—东盟自由贸易区于2010年如期建成。中国—东盟自由贸易区将是一个拥有18.5亿人口、3万亿美元国内生产总值的世界第三大自由贸易区,这同时也意味着,中国对东盟的国际投资也将迅猛发展。我们有必要对投资所涉及的一些法律问题进行研究,以帮助我国企业更好地在东盟进行直接投资。 鉴于此,笔者拟采用实证分析与比较分析的方法,对中国企业投资东盟的现实情况和法律规制现状做出一些分析,然后对相关的法律问题进行研究,最后提出若干解决问题的建议。 全文分为三个部分,近3万1千字。 第一部分主要介绍了中国企业对东盟投资的现实情况以及法律规制现状。通过对宏观数据和微观个案的分析和总结,中国企业对东盟的投资有着自身的特点。另外,还介绍了目前调整中国企业对东盟投资的法律规范体系,包括中国与东盟之间的世界性投资规范、区域性投资规范、双边投资协定和东盟各国外商投资法规范。 第二部分论述了中国企业投资东盟时在投资方式、投资准入、投资待遇、投资风险与投资监管五个方面的法律问题。目前,中国企业对东盟采取的投资方式各有弊端,投资准入方面限制比较多,国民待遇发展水平不高,对外商投资风险的保护不充分,投资监管制度不完善。 第三部分主要论述解决中国企业对东盟投资问题的途径,分为总体路径和具体制度两方面。首先从投资准入、投资待遇、投资风险与投资监管的角度对中国—东盟《投资协议》的条款进行了分析。然后,针对第二部分中的问题,在比较了世界性、区域性投资法规范先进处的基础上,借鉴东盟各国国内外商投资法律规范的合理成分,提出了构建一套经济上合理、制度上合法、运作上可行的统一实体规则和法律适用规则的建议。
[Abstract]:In the field of international economy, due to the strengthening of economic globalization and regional integration, economic exchanges between countries are becoming more and more frequent. As an international capital flow mode, overseas investment plays an important role in the national economy of various countries. Whether a country's overseas investment is developed or not has become an important standard to measure its economic strength and international competitiveness. With the formal signing of the Investment Agreement between China and ASEAN in 2009, the main legal procedures for the construction of China-ASEAN Free Trade area have been basically completed, which marks the completion of the China-ASEAN Free Trade area as scheduled in 2010. The China-ASEAN Free Trade area will be the third largest free trade area in the world with a population of 1.85 billion and a gross domestic product of $3 trillion, which also means that China's international investment in ASEAN will also grow rapidly. It is necessary for us to study some legal issues involved in investment in order to help Chinese enterprises to invest directly in ASEAN. In view of this, the author intends to use the methods of empirical analysis and comparative analysis to make some analysis of the reality and legal regulation of Chinese enterprises investing in ASEAN, and then to study the relevant legal issues. Finally, some suggestions to solve the problem are put forward. The full text is divided into three parts, nearly 31, 000 words. The first part mainly introduces the reality and legal regulation of Chinese enterprises' investment in ASEAN. Through the analysis and summary of macro data and micro cases, the investment of Chinese enterprises in ASEAN has its own characteristics. In addition, it also introduces the current legal norms system for adjusting the investment of Chinese enterprises in ASEAN, including the worldwide investment norms between China and ASEAN, regional investment norms, bilateral investment agreements and the norms of foreign investment laws in ASEAN countries. The second part discusses the legal issues of investment mode, investment access, investment treatment, investment risk and investment supervision when Chinese enterprises invest in ASEAN. At present, the investment methods adopted by Chinese enterprises in ASEAN have their own drawbacks, there are many restrictions on investment access, the development level of national treatment is not high, the protection of foreign investment risk is not sufficient, and the investment supervision system is not perfect. The third part mainly discusses the ways to solve the investment problem of Chinese enterprises in ASEAN, which is divided into two aspects: the overall path and the specific system. First of all, from the perspective of investment access, investment treatment, investment risk and investment supervision, this paper analyzes the terms of China-ASEAN Investment Agreement. Then, in view of the problems in the second part, on the basis of comparing the advanced parts of the world and regional investment law norms, drawing lessons from the reasonable components of the domestic foreign investment legal norms of ASEAN countries, this paper puts forward the construction of a set of economic reasonableness. Suggestions on the unification of substantive rules and applicable rules of law that are legal in system and feasible in operation.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996.4
本文编号：2483912
[Abstract]:In the field of international economy, due to the strengthening of economic globalization and regional integration, economic exchanges between countries are becoming more and more frequent. As an international capital flow mode, overseas investment plays an important role in the national economy of various countries. Whether a country's overseas investment is developed or not has become an important standard to measure its economic strength and international competitiveness. With the formal signing of the Investment Agreement between China and ASEAN in 2009, the main legal procedures for the construction of China-ASEAN Free Trade area have been basically completed, which marks the completion of the China-ASEAN Free Trade area as scheduled in 2010. The China-ASEAN Free Trade area will be the third largest free trade area in the world with a population of 1.85 billion and a gross domestic product of $3 trillion, which also means that China's international investment in ASEAN will also grow rapidly. It is necessary for us to study some legal issues involved in investment in order to help Chinese enterprises to invest directly in ASEAN. In view of this, the author intends to use the methods of empirical analysis and comparative analysis to make some analysis of the reality and legal regulation of Chinese enterprises investing in ASEAN, and then to study the relevant legal issues. Finally, some suggestions to solve the problem are put forward. The full text is divided into three parts, nearly 31, 000 words. The first part mainly introduces the reality and legal regulation of Chinese enterprises' investment in ASEAN. Through the analysis and summary of macro data and micro cases, the investment of Chinese enterprises in ASEAN has its own characteristics. In addition, it also introduces the current legal norms system for adjusting the investment of Chinese enterprises in ASEAN, including the worldwide investment norms between China and ASEAN, regional investment norms, bilateral investment agreements and the norms of foreign investment laws in ASEAN countries. The second part discusses the legal issues of investment mode, investment access, investment treatment, investment risk and investment supervision when Chinese enterprises invest in ASEAN. At present, the investment methods adopted by Chinese enterprises in ASEAN have their own drawbacks, there are many restrictions on investment access, the development level of national treatment is not high, the protection of foreign investment risk is not sufficient, and the investment supervision system is not perfect. The third part mainly discusses the ways to solve the investment problem of Chinese enterprises in ASEAN, which is divided into two aspects: the overall path and the specific system. First of all, from the perspective of investment access, investment treatment, investment risk and investment supervision, this paper analyzes the terms of China-ASEAN Investment Agreement. Then, in view of the problems in the second part, on the basis of comparing the advanced parts of the world and regional investment law norms, drawing lessons from the reasonable components of the domestic foreign investment legal norms of ASEAN countries, this paper puts forward the construction of a set of economic reasonableness. Suggestions on the unification of substantive rules and applicable rules of law that are legal in system and feasible in operation.
【学位授予单位】：西南政法大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D996.4
【参考文献】
相关博士学位论文 前1条
1 郝洁;跨国并购的法律问题研究[D];中国政法大学;2006年
相关硕士学位论文 前1条
1 陆蓉;中国—东盟自由贸易区有关投资的法律问题研究[D];广西师范大学;2008年
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