The Legal Regime of Chinese Overseas Investment

UK ed
ISBN: 978-0-85490-153-1
Verlag: Wildy, Simmonds and Hill Publishing

Buch, Englisch, 290 Seiten, Format (B × H): 230 mm x 157 mm, Gewicht: 608 g

Reihe: JCL Studies in Comparative Law

China has become the first socialist legal system to acquire an interest and the capacity to invest significantly beyond its own borders and abandon the policies of economic autarchy that approaches to socialist economic planning seemed to impose upon predecessor socialist legal systems. In this path breaking study, Dr. Chenyang XIE examines how the Chinese legal system regulates – usually by default rather than design – Chinese investor behaviour with respect to outward investment opportunities and/or priorities. He offers intelligent and perceptive critiques of legal rules, institutions, systems, and administrative practices, providing suggestions for potential reform or adjustments of these.

Drawing upon the Chinese tradition of codification, the author has prepared a draft Code of Overseas Investment Law, together with Commentary to explain why each formulation is desirable and necessary. In his view, Chinese overseas investment relations are a “legal laboratory” for shaping a constructive legal regime to encourage and regulate such investment. His bold, subtle, and nuanced strategy embodies reservations about the extent to which in a planned economy the State should assume investment risks rather than the non-State sector.

Subjects covered include the Chinese macro policies and concepts of overseas investment, information services, investment promotion, approvals, authorizations, and filings, financial support, foreign exchange regulation, insurance, taxation, and supervision State-owned assets abroad. The draft Code of Overseas Investment Law is the first of its kind for any legal system.

Autoren/Hrsg.

XAI, Chenyang

Inhaltsverzeichnis

Acknowledgements
Abbreviations

Chapter 1: Introduction
Chapter 2: Macro Policy and Basic Concepts
Chapter 3: Information Assistance
Chapter 4: Investment Promotion
Chapter 5: Examination, Approval, Annual Inspection, and Performance Evaluation
Chapter 6: Financial Supervision and Financing Support
Chapter 7: Foreign Exchange
Chapter 8: Insurance
Chapter 9: Taxation
Chapter 10: Supervision of State-Owned Assets
Chapter 11: Current Legislative Model and Its Critique
Chapter 12: Historical Foundations, Feasibility, and Significance of Codification
Chapter 13: General Provisions and Overview of Proposed New Code
Chapter 14: Overseas Investment Information Assistance Law
Chapter 15: Overseas Investment Promotion Law on Small and Medium Sized Enterprises
Chapter 16: Administrative Law of Overseas Investment Filings
Chapter 17: Overseas Investment Financial-Assistance Law
Chapter 18: Law on the Administration of Foreign Exchange Involved in Overseas Investment
Chapter 19: Overseas Investment Insurance Law
Chapter 20: Overseas Investment Tax Assistance Law
Chapter 21: Supervison of Overseas Investment and Overseas Assets of State-Owned Enterprises
Chapter 22: Conclusion
Bibliography

Über Autor(innen)

XAI, Chenyang
Chenyang XIE received his LL.M. and S.J.D. degrees at the Pennsylvania State University. He has many years of experience with legal aspects of inward and outward Chinese investment flows as a senior legal advisor employed by The Tiens Group in China.