中國 會社法 및 外國人投資法의 最近 動向과 示唆點 - 最近公布된 司法解釋을 中心으로

Abstract

With the completion of socialist-market-economy legal system was declared by National People's Congress in China on March 2011, the science of law interpretation is becoming to be a new topic on the development of China laws. In the area of laws related to enterprises, after amount of significant amendments of China company law on October 2005, issues about how to apply this law are trying to be solved by the way of judical interpretation, while in the area of foreign investment law, the efforts to remedy the deficiencies in existing laws related to foreign invested enterprises are being taken by the same way of judical interpretation to the trial of disputes involving foreign-funded enterprises. Therefore, as "Provisions of the Supreme People’s Court on Several Issues concerning the Application of the Company Law (III)" and "Provisions of the Supreme People's Court on Several Issues concerning the Trial of Disputes Involving Foreign-Funded Enterprises (I)" have been promulgated by the Supreme People's Court of China recently, this article is intended to introduce the background of its enactment and main contents firstly, and on the basis of which, to give an introduction on some key issues in the application of China company law and foreign-funded enterprise laws, as well as to point out main changes and problems of science of law interpretations reflected on those provisions of judical interpretations. Finally, this article is about to give some implications by analysis of the trend in trials of China company law and foreign-funded enterprises laws. It is hoped that such attempts in this article can supply some references for foreign enterprises about the application of China company law, and would be helpful when reviewing the main issues of and how to improve the judical interpretation system in China.