我国对外资实行国民待遇原则的法律实践

对外资实行国民待遇,一般指东道国给予外资同内资同等的待遇,其内涵需要进一步明确。自1993年以来,我国有关外商投资的法律实践表明,我国已从“整平游戏场地”与“经济法和民商法的统一化”两个方面逐步对外资实行国民待遇原则。这一法律实践的重要意义首先是对在华外资待遇产生了重要影响,其次是推动了我国外资法体系的结构性调整,由相对独立的“单纯”的外资法体系转化为由专门性外资法与统一的经济法和民商法的相关规范构成的“混合法”体系。

Chinese Legislation on National Treatment Principle Applied to Foreign Investment

In general national treatment applied to foreign investment refers to that the host country grants the same treatment to both domestic and foreign investments. The contents of the concept, however, need to be further clarified. Since 1993, Chinese legislation on foreign investment has shown that China has granted national treatment principles to foreign investment gradually in the way of "leveling the playing ground" and "unification of economic, civil and commercial laws". This legislation has exerted great influence on the treatment of foreign investment in China and encouraged structural adjustment to the system of Chinese foreign investment laws. The relatively "pure" system of specific foreign investment laws has changed into the "mixed" system consisting of specific foreign investment laws and unified economic, civil and commercial laws.