2015년 「중화인민공화국 외국투자법(의견수렴안)」에 관한 소고

Abstract

China's Foreign Investment Law to prescribed and revised since the opening of the country in 1978 was not enough to protect the interests of investors, because application of law is strict and there are many aspects that do not match reality. In addition, foreign investors have been subject to chaos of investment, because subjectivity of rights in the law to prescribed and revised was unclear. For the same reason, the Department of Commerce promulgated 「Foreign Investment Law of the People's Republic of China(Consultation Draft)」 in 2015 by incorporating the three foreign capital-related laws on January 19, 2015 and got into feedback until February 17 of the same year. The Foreign Investment Law in 2015 manage entry of foreign capital through Negative List Management System, to resolve disputes of foreign investment promptly and efficiently by strengthening report adjustment processing equipment and to clarified the legal responsibility of foreign investors by establishing special regulations in order to prevent damage on national security. Especially the Foreign Investment Law in 2015 has meaning in terms of transformed into an active regulatory format to relax regulation but impose strict liability, out of the passive regulatory form to give a certain standard and make it obey that of Chinese government in the past. Therefore, Korean companies in China and Korean company seeking to enter China will have to look for countermeasures of problems that may arise from investments through a thorough review for Foreign Investment Law, in addition to pay constant attention about future revisions and additions for Foreign Investment Law. I look forward to set reasonable standards for foreign investment in China and to build a stable investment climate with the enforcement of the Foreign Investment Law in 2015.