论入世与我国外资立法的完善

外商投资企业已成为推动中国经济发展的重要因素,随着中国的"入世",将会有更多的外国资本进入我国市场。按照WTO有关规则审查我国现行外资立法,原本就显得落后、难以适应社会主义市场经济新形势的外资立法存在许多明显与世贸规则相冲突或不协调之处,外资立法面临严峻挑战。笔者对WTO涉及外商投资的有关协定与规则进行深入研究,对照现实分析了我国外资立法的现状与不足之处,最后从宏观思路和具体措施全面探讨了如何遵循WTO有关规则完善我国外资立法的问题。

On China's Entering WTO and Perfection of Its Foreign Capital Act Legislation

The enterprises with foreign investment have become an important factor to develop China's economy, and as China has already entered WTO, there must be even more foreign funds to enter our country's market. But if we examine the current legislation of China's foreign capital act with the rules of WTO,we may find that the poor act which can not adapt itself to the new situation of socialist market economy obviously has so many conflicts and uncoordinated parts. It is a stern challenge to the legislation of China's foreign capital act. The author has investigated the concerned agreements on foreign investments and has gone deep into research with the rules of WTO.According to the reality of China, this paper has analysed the current situation and shortcomings of the legislation of China's foreign capital act . Finally it has discussed the question of how to perfect the legislation of China's foreign capital act and has given some suggestions from the aspects both in macro legislative techniques and concrete measures.