중국 「외상투자법(外商投资法)」의 후속 법규 이행 현황과 시사점 ― 외상투자관리제도를 중심으로 ―

Abstract

China's Foreign Investment Law is the basic law on foreign investment, and serves as a legal basis for establishing basic principles for foreign investment and providing a system to ensure the stability of foreign investment. The Chinese government is implementing administrative simplification and decentralization through interim and post management systems for foreign-invested companies. The Chinese government has also expanded investment liberalization by implementing ‘treatment as a Chinese national before entry’ and ‘negative list’ for foreign investment, reinforcing the information reporting system for foreign-invested and foreign-invested companies, and reorganizing the grievance handling system, improving the efficiency of corporate investment policies. Above all, the Chinese government attempts to legislate the investment policy for foreign enterprises by enacting and amending related follow-up laws in accordance with the Foreign Enterprise Investment Act in order to implement the above-mentioned foreign enterprise investment policy, and establish a legal basis to protect the legal rights and interests of foreign business investors and ensure fair competition. Therefore, in this article, the local government's efforts to enact legislation on foreign enterprise investment policies, changes to the negative list for foreign enterprise investment, establishment of registration and registration system for foreign-invested companies, and the main regulations on the reorganization of the corporate investment information reporting system and the grievance handling system of foreign-invested companies have been reviewed, and based on the review, the lack of clarity on the legal responsibility of local governments for foreign business investment policy management, lack of transparency in the procedure and implementation of negative list establishment, necessity of establishing self-management system for foreign-invested companies, strengthening of information reporting system for foreign-invested companies, and limitations of practicality of the grievance handling system Limitations of practicality of the system have been deduced as the implications as the suggestions necessary for foreign business investment activities of Korean companies that have entered China.