A Revisit to China's Foreign Investment Law: With Special Reference to Foreign Investment Protection

• Author: Yongmin Bian
• Pages: 447-448

China 447

VIII JEAIL 2 (2015)

Yongmin Bian

∗

Three foreign investment laws of China were enacted when she was mainly a capital-

importing state. The main purpose of these laws was to boost the Chinese economy

with the capital, technology and management of foreign investors. Many preferential

treatments, rather than national treatment, were given to foreign investment

especially before the country joined the WTO. Following the reform of market

economy, fair and equal treatment to foreign investors are replacing the preferential

treatments. A new draft of Foreign Investment Law was released in the spring of

2015 to reform the governance of foreign investment by granting national treatment

to foreign investors in both admission and operation. The restrictions to foreign

investment will be subject to the categories of special administrative measures, which

are composed of forbidden and restrictive categories. This is going to be China’s

biggest reform on the legal system of foreign investment since 1980s.

Keywords

China’s Foreign Investment Law, Equity Joint-Ventures, Contractual Joint-

Ventures, Wholly Foreign-Owned Enterprises

∗ Professor of International Law at the University of International Business and Economics Law School. A.B./LL.M.

(CUPL), Ph.D. (UIBE). ORCID: http://orcid.org/0000-0002-7950-1160. This research is supported by the Collaborative

Innovation Center for China's Multinational Enterprise (No. 201501YY001A). The author may be contacted at:

bianyongmin@uibe.edu.cn / Address: 10 Huixin East Street, Chaoyang District, Beijing, 100029, P.R. China.

DOI: http://dx.doi.org/10.14330/jeail.2015.8.2.08

A Revisit to China’s

Foreign Investment Law:

With Special Reference to

Foreign Investment

Protection