w88 casino News (Law w88 casino Draft)5month11日, “Going Global” legislative work planning expert symposium at Ningyuan Building, Law w88 casino, w88 casino729The conference room is held. Director Li Yongjun of the Department of Foreign Investment and Economic Cooperation of the Ministry of Commerce, Deputy Director Bao Yihong of the Department of Foreign Investment and Economic Cooperation of the Ministry of Commerce, Deputy Director Wang Hongxia of the Political Research Office of the Ministry of Commerce, Deputy Director Lu Tao of the Department of Treaty and Law of the Ministry of Commerce, w88 casinoShen SibaoProfessor, Renmin University of ChinaYu JinsongProfessor, w88 casinoLu JinyongProfessor, Peking UniversityShao JingchunProfessor, China University of Political Science and LawZhou ZhonghaiProfessor, Research Institute of the Ministry of CommerceLi ZhipengDoctor attended this symposium. The meeting was hosted by the Dean of the w88 casino of Law, w88 casinoShen SibaoProfessor presided over.
The research on the "Going Out" legislative work plan is an important topic that the Ministry of Commerce plans to carry out this year. Based on the development needs of my country's "Going Out" situation, and drawing on the successful legislative experience of Japan and South Korea and other countries in corporate foreign investment and economic cooperation, a legislative plan for the "Going Out" aspect of my country's enterprises in the next few years is proposed, that is, researching and solving what laws to enact, why to legislate, how to legislate, and finally putting forward legislative work suggestions to relevant departments.
At the meeting, the Department of Foreign Investment and Economic Cooperation, the Department of Treaties and Laws, and the Political Research Office of the Ministry of Commerce introduced the specific background of the "Going Out" legislative work plan, and listened to the opinions and suggestions of legal experts on my country's legislative work in the field of foreign investment and economic cooperation, aiming to break out of the departmental interest framework and draw a complete legislative blueprint for "Going Out" from the standpoint of national interests and the national economy.
Shen SibaoThe professor pointed out that Premier Wen Jiabao proposed that "foreign w88, attracting foreign investment, and going global are the basic contents of opening up." At present, China's legislation on "foreign w88" has become mature. On the basis of the "Foreign w88 Law", a series of laws and regulations have been introduced for supporting implementation; "Please come in." It is stipulated in the Constitution. At the same time, the Foreign-invested Enterprise Law and three implementation rules and three implementation regulations have built a relatively complete legal system to attract foreign investment, and are the "vanguard" of my country's foreign legal system; but only the "going out" part still has a legislative gap, which lags far behind the actual development of society. Therefore, it is urgent and imperative to increase the legislative work on "going out". In terms of the structure of the legal and regulatory framework,ShenThe professor believes that a clear-cut law needs to be formulated at the highest level of legislation. Administrative rules and regulations are established under the law, and under each law and regulation, each department formulates departmental rules according to practical needs, "one big area leads to many small ones." If possible, "going out" can also be included in the provisions of the Constitution.ShenThe professor emphasized that in the legislative process, we must jump out of departmental interests, think from a macro perspective, start from the details, and build a complete top-down legal framework layer by layer.
Yu JinsongThe professor believes that, first of all, investment promotion work cannot be solved by just one department. Investment and foreign economic cooperation involve multiple departments and fields. From a practical point of view, the current management, protection and service measures related to "going global" are still in a state of doing their own thing and performing their respective duties. If we want to make a complete "going global" legislative plan, we must stand at the height of the country's overall situation and the country's overall interests, and consider the problem from an overall and macro perspective. If the foothold is not high, it will lose its meaning. Secondly, in foreign economic activities and transactions, conflicts with other legal norms should be avoided as much as possible. The most important aspect of foreign economic cooperation is investment. The foreign w88 law includes the Service w88 Law and the "Regulations on Promotion of w88 in Services". There is overlap between commercial presence, movement of natural persons and investment in service w88.YuThe professor believes that it is necessary to establish a special project team, formulate detailed planning reports, listen to the opinions of experts, the business community, and the government. At the same time, we must learn from foreign experience and refer to the national conditions of our country to establish an "going out" strategy with Chinese characteristics and promote a large number of enterprises to go global.
Shao JingchunThe professor talked about two shortcomings that currently exist in China. There is still a lack of accountability for investment approval; the legislative level is low. Its suggestion can be to formulate a framework or draft on the "going global" legislative plan and set topics. In this process, what needs to be done is to sort out domestic policies, laws and regulations, and refer to foreign practices. At the same time, because our country is deeply influenced by the civil law system, we need to establish an internal coordination system. We can develop a framework outline from a high-level perspective, and then analyze which set is the most feasible.
Zhou ZhonghaiThe professor thought about the legislative work from the perspective of international law and pointed out that legislative considerations must go beyond the domestic legal framework. Multilateral treaties, bilateral treaties, and technical agreements must be considered. If the existing law violates multilateral treaties or bilateral treaties, the provisions of the treaty shall apply. Therefore, when enacting laws, we must examine whether the laws are advanced. There are now many bilateral and multilateral agreements on attracting investment and going global, which must be taken into consideration.weekThe professor also proposed “going out”General content of legislation,Including: investment access issues. How to break the barriers of other countries and enjoy the national treatment of other countries; regarding the operational issues of investing in foreign countries, the most important issue now isBIT(Bilateral Investment Agreement), foreign investment includes joint ventures and sole proprietorships, facing various problems, and even technology shares, how to ensure and implement the safety of investment; regarding the issue of capital withdrawal, how to safely withdraw funds; in terms of taxation, subsidies and investment are encouraged, what policies are implemented by the country, and whether there is double taxation; in the context of the current financial crisis, economic issues involve security issues; in terms of responsibility, supervision responsibilities and the responsibilities of supervisors must be emphasized.
Lu JinyongThe professor summarized the speeches of the experts into five transcendences: transcending time-not only seeing the current needs, but also seeing the future needs; transcending the department-not only standing on the standpoint of the Ministry of Commerce, but also standing on the standpoint of the entire country and the interests of the whole people. field; transcending a specific regulation - we do not intend to discuss the specific provisions of a specific regulation, but laying out the layout for a whole set of regulations; transcending countries - we not only need to see China's national conditions, but also learn from the experience of other countries; transcending fields - not only involving law, but also economics, finance, investment, etc.LuThe professor believes that there is only one core of legislation from beginning to end, and that is to consider issues from the perspective of national interests and the national economy.
Finally,Li ZhipengThe doctor talked about his thoughts and believed that the main contents of the legislative work include: in terms of supervision, including supervision before, during and after the event, it must be gradually developed from "before" to "after", with special emphasis on post-event support and supervision of the stock of overseas assets; in terms of promotion and services, it is necessary to improve the legal system of a series of subsystems According to regulations, "going out" requires strong support from finance, finance, services, information intermediaries and other fields, and the government's financial support is also very important; in terms of protection of "going out", my country's premium rate is too high, and we must pay attention to protecting overseas risks; in terms of penalties, responsibilities need to be detailed and enforceable; and research on dispute resolution methods and approaches for "going out".
