中國海外投資的監(jiān)管與保護(hù)
發(fā)布時間：2019-03-23 17:00
【摘要】：近年來,在巨額外匯儲備的支持下,尤其是“走出去”戰(zhàn)略的引導(dǎo)下,我國海外投資的發(fā)展十分迅速。但隨著這種發(fā)展,其中的問題也逐漸暴露,我國海外投資的實踐經(jīng)驗和相應(yīng)法律體系方面的缺陷使其面臨巨大的風(fēng)險。面對這種狀況,我們亟需完善海外投資的監(jiān)管和保護(hù)體系,從法律和政策上,從國內(nèi)的監(jiān)管和國外的保護(hù)上,促進(jìn)海外投資發(fā)展,保護(hù)海外投資的利益。 本文首先從我國海外投資的發(fā)展現(xiàn)狀出發(fā),分別闡述了我國海外投資的規(guī)模、地區(qū)、產(chǎn)業(yè)領(lǐng)域以及海外投資的主體和方式。然后,本文從我國海外投資的現(xiàn)行國內(nèi)法制出發(fā),將海外投資的國內(nèi)監(jiān)管分為核準(zhǔn)階段、運(yùn)營階段以及退出階段,并對其進(jìn)行了具體的分析。接著,本文又從海外投資的跨國保護(hù)層面出發(fā),分析了我國利用雙邊投資協(xié)定、多邊條約和外交途徑對海外投資進(jìn)行保護(hù)的狀況。最后,本文對我國海外投資發(fā)展中的一些突出問題進(jìn)行了重點研究,并聯(lián)系我國海外投資的現(xiàn)狀和目標(biāo),對這些問題的解決和海外投資法律保障制度的完善提出了建議。 我國的海外投資發(fā)展時間不長,不僅投資者缺乏跨國經(jīng)營的經(jīng)驗,國家也缺乏對其進(jìn)行監(jiān)管和保護(hù)的經(jīng)驗。因此,本文在對目前我國海外投資的監(jiān)管和保護(hù)狀況進(jìn)行分析的基礎(chǔ)上,提出我們不僅要從規(guī)范投資者行為的角度出發(fā),對其經(jīng)營活動進(jìn)行監(jiān)督和管理,幫助減少因投資者自身的經(jīng)營行為所導(dǎo)致的風(fēng)險,還要從完善國家的海外投資保障體系的角度出發(fā),建立海外投資保險制度和統(tǒng)一的海外投資法律體系,充分利用雙邊投資協(xié)定和MIGA、ICSID等國際性機(jī)構(gòu),維護(hù)海外投資者的合法利益。 另外,由于我國的經(jīng)濟(jì)體制和國內(nèi)的經(jīng)濟(jì)發(fā)展需求,在我國海外投資的發(fā)展過程中還出現(xiàn)了一些特殊的問題。如國有企業(yè)海外投資的問題以及能源領(lǐng)域海外投資的問題。本文對國有企業(yè)的海外投資狀況和所遭遇的風(fēng)險進(jìn)行了分析,提出了國有資產(chǎn)的監(jiān)管要求以及促進(jìn)民營企業(yè)海外投資的方案。本文還對我國現(xiàn)階段的能源投資狀況和所遭遇的風(fēng)險進(jìn)行了分析,提出了對能源投資企業(yè)進(jìn)行環(huán)境保護(hù)監(jiān)督和政治風(fēng)險預(yù)防的具體做法。
[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.
【學(xué)位授予單位】：華東政法大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2011
【分類號】：D922.295;D996.4;F832.6
本文編號：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.
【學(xué)位授予單位】：華東政法大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2011
【分類號】：D922.295;D996.4;F832.6
【引證文獻(xiàn)】
相關(guān)博士學(xué)位論文 前1條
1 黃志瑾;中國國有投資者境外投資法律問題研究[D];華東政法大學(xué);2013年
，本文編號：2446051
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