중국 외국인투자법제의 현황과 전망에 관한 소고

Abstract

Since the opening and reforming policy in 1978, China has legislated and revised the Foreign Investment Law. But investment regulations was not enough to protect the interests of investors, because there are many aspects that do not match reality in investment regulations. Besides because the legislation and revision method of the Foreign Investment Law has a form that the upper central agencies prepared the draft and send it to relevant sub-regional agencies for the sake of feedback, foreign investors were forced to get confused between policy and enforcement inconsistencies caused by such legislative method. For this reason the Chinese government has been continuously legislated and revised foreign investment regulations to solve problems that may arise in foreign investment. Lately a summary of the contents of major laws related to foreign investment in China is as follows. Recent laws are easing regulations on foreign investment through abolition of company registration capital requirement and restrictions on investment of foreign investor or foreign investment enterprise, opening of e-commerce industry for foreign investors and relaxation of entry conditions in China for foreign financial institutions. At the same time the recent laws are putting sanctions through company information disclosure system and year reporting disclosure system. In other words lately China's foreign investment policy can be said that it is changing from avoiding the strict passive regulatory method of the past to taking active and efficient regulatory method to impose strict legal liability. Therefore I think that Korean companies in China and Korean investors and Korean companies seeking to enter China will have to look for countermeasures of problems that may arise from investments after thoroughly reviewing foreign investment policy in China.