我国外资法律体系重构的若干基本问题研究
发布时间：2018-08-11 12:45
【摘要】：外资法作为我国调整及管理外国投资关系的专门法律制度，对于改善我国投资环境，保护外国投资者权益，贯彻实施我国外资政策都具有重要作用。随着国内外投资环境的变化，我国外资法已逐渐不能适应新形势的需要。经济全球化及国际投资自由化的趋势，国内经济体制的转轨及经济发展水平的提高，都对我国外资法的重构提出了客观要求。鉴于外资法重构所涉问题的广泛性，本文选择了外资法律体系重构中的几个基础问题进行分别论述。本文在对我国的目前外资法律体系进行仔细考察之后，选择从对我国外资法调整对象的分析入手，对外资法调整对象的内涵及外延进行了重新界定，意图为外资法律体系的重构打好根基。其后，本文探讨了外资法律体系的重构模式问题，对外资法律体系重构的基本方向和具体模式进行理论上的探讨。最后，本文对外资法律体系重构的指导原则进行详细论述，试图对我国外资法律体系重构的基本原则、立法理念提供参考性意见。 本文分为引言、正文、结语三部分，其中正文部分共有4章。 第一章对我国外资法律体系的历史发展及现状进行了仔细考察，并总结出我国目前外资法律体系的特点及其症结所在。 第二章主要对我国外资法的调整对象进行了深入的分析。首先对我国目前外资法律体系中外资法的调整对象进行一般界定，然后，通过同民商法调整对象及国内其他经济法部门调整对象的比较，对外资法调整对象的应有内涵进行了重新界定。接着，在对其他国家外资法调整对象进行横向比较之后，又对外资法调整对象的构成范围进行具体阐释。 第三章主要对我国外资法律体系的重构模式进行研究。首先对当今世界外资立法的三种主要模式进行逐一评介。然后，对我国学者之间就外资法立法模式选择的不同构想进行简单的评析，接着，又对外资法立法模式选择应考虑的因素进行归纳，最后提出我国外资法重构应采取的立法模式。 第四章主要对外资法律体系重构的指导原则进行理论上的探讨。首先对外资法律体系重构应遵循的四个一般原则进行阐释，接着又对外资法律体系重构应遵循的三个具体原则进行了深入的分析。
[Abstract]:As a special legal system to regulate and manage the foreign investment relations, the foreign investment law plays an important role in improving the investment environment, protecting the rights and interests of foreign investors, and carrying out the foreign investment policy of our country. With the change of investment environment at home and abroad, China's foreign investment law has been unable to adapt to the needs of the new situation. The trend of economic globalization and liberalization of international investment, the transformation of domestic economic system and the improvement of economic development level all put forward objective requirements for the reconstruction of foreign capital law in China. In view of the extensive problems involved in the reconstruction of foreign capital law, this paper chooses several basic problems in the reconstruction of foreign capital legal system to discuss separately. After a careful investigation of the current legal system of foreign investment in China, this paper chooses to redefine the connotation and extension of the object of adjustment of foreign capital law from the analysis of the object of adjustment of foreign capital law in China. It is intended to lay a good foundation for the reconstruction of foreign capital legal system. Then, this paper probes into the reconstruction mode of foreign capital legal system, and probes into the basic direction and concrete mode of foreign capital legal system reconstruction theoretically. Finally, this paper discusses in detail the guiding principles of the reconstruction of the legal system of foreign investment, and tries to provide a reference for the basic principles and legislative ideas of the reconstruction of the legal system of foreign investment in China. This paper is divided into three parts: introduction, text and conclusion, in which there are four chapters. The first chapter makes a careful study of the historical development and present situation of the legal system of foreign investment in China, and summarizes the characteristics and the crux of the legal system of foreign investment in China. The second chapter mainly analyzes the adjustment object of foreign investment law in China. First of all, we define the object of adjustment of foreign investment law in our current foreign investment legal system, and then compare it with the object of adjustment of civil and commercial law and other economic law departments in China. This paper redefines the connotation of the object of adjustment of foreign capital law. Then, after the horizontal comparison of other countries' foreign capital law adjustment object, the author explains the composition range of foreign capital law adjustment object. The third chapter mainly studies the reconstruction mode of foreign capital legal system in China. First of all, the three main models of foreign investment legislation in the world are reviewed one by one. Then, the author makes a simple analysis of the different ideas on the choice of legislation mode of foreign capital law among Chinese scholars, and then sums up the factors that should be considered in the choice of legislation mode of foreign capital law. Finally, the author puts forward the legislative model that should be adopted in the reconstruction of foreign investment law in our country. The fourth chapter mainly discusses the guiding principle of the reconstruction of foreign capital legal system. Firstly, four general principles should be followed in the reconstruction of the legal system of foreign investment, and then three specific principles should be followed in the reconstruction of the legal system of foreign investment are deeply analyzed.
【学位授予单位】：武汉大学
【学位级别】：硕士
【学位授予年份】：2004
【分类号】：D922.295
本文编号：2177032
[Abstract]:As a special legal system to regulate and manage the foreign investment relations, the foreign investment law plays an important role in improving the investment environment, protecting the rights and interests of foreign investors, and carrying out the foreign investment policy of our country. With the change of investment environment at home and abroad, China's foreign investment law has been unable to adapt to the needs of the new situation. The trend of economic globalization and liberalization of international investment, the transformation of domestic economic system and the improvement of economic development level all put forward objective requirements for the reconstruction of foreign capital law in China. In view of the extensive problems involved in the reconstruction of foreign capital law, this paper chooses several basic problems in the reconstruction of foreign capital legal system to discuss separately. After a careful investigation of the current legal system of foreign investment in China, this paper chooses to redefine the connotation and extension of the object of adjustment of foreign capital law from the analysis of the object of adjustment of foreign capital law in China. It is intended to lay a good foundation for the reconstruction of foreign capital legal system. Then, this paper probes into the reconstruction mode of foreign capital legal system, and probes into the basic direction and concrete mode of foreign capital legal system reconstruction theoretically. Finally, this paper discusses in detail the guiding principles of the reconstruction of the legal system of foreign investment, and tries to provide a reference for the basic principles and legislative ideas of the reconstruction of the legal system of foreign investment in China. This paper is divided into three parts: introduction, text and conclusion, in which there are four chapters. The first chapter makes a careful study of the historical development and present situation of the legal system of foreign investment in China, and summarizes the characteristics and the crux of the legal system of foreign investment in China. The second chapter mainly analyzes the adjustment object of foreign investment law in China. First of all, we define the object of adjustment of foreign investment law in our current foreign investment legal system, and then compare it with the object of adjustment of civil and commercial law and other economic law departments in China. This paper redefines the connotation of the object of adjustment of foreign capital law. Then, after the horizontal comparison of other countries' foreign capital law adjustment object, the author explains the composition range of foreign capital law adjustment object. The third chapter mainly studies the reconstruction mode of foreign capital legal system in China. First of all, the three main models of foreign investment legislation in the world are reviewed one by one. Then, the author makes a simple analysis of the different ideas on the choice of legislation mode of foreign capital law among Chinese scholars, and then sums up the factors that should be considered in the choice of legislation mode of foreign capital law. Finally, the author puts forward the legislative model that should be adopted in the reconstruction of foreign investment law in our country. The fourth chapter mainly discusses the guiding principle of the reconstruction of foreign capital legal system. Firstly, four general principles should be followed in the reconstruction of the legal system of foreign investment, and then three specific principles should be followed in the reconstruction of the legal system of foreign investment are deeply analyzed.
【学位授予单位】：武汉大学
【学位级别】：硕士
【学位授予年份】：2004
【分类号】：D922.295
【参考文献】
相关期刊论文 前2条
1 徐崇利;市场经济与我国涉外经济立法导向[J];法学研究;1994年06期
2 张文显;市场经济与现代法的精神论略[J];中国法学;1994年06期
，本文编号：2177032
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