entrust investment relations and borrow

In the foreign-funded enterprises and administrative examination and approval, participants discussed unit experts in the affirmation of administrative examination and approval of the historical contribution, the author thinks that should be abandoned unnecessary administrative examination and approval procedures, relax severity of administrative examination and approval, better implement controlled opening up and encourage foreign investment policies to attract more foreign investment, realize our country from the market competition to legal competition transformation. In the nature of administrative examination and approval, validity and the equity transfer effect problem, participants experts into spoke.

In the foreign-funded enterprises and judicial referee relationship discussion units, from the judicial referee frontline senior judges and arbitrators, combining the foreign-funded enterprise establishment, alteration, etc is concluded in the validity of the contract without approval of the capital contribution or conditions for cooperation, provide default, equity transfer contract dispute, equity pledge contract dispute, name investment relationship with the acknowledgment and processing, published their opinions and a heated discussion.

In foreign investment company law of China and the relationship between each other units, the expert analysis of two main kinds processing mode: one is to adopt the coexist mode, namely the respect foreign investment enterprises long-term separately legislative reality, future continue this coexist mode. 2 it is by using the substitution patterns, foreign investment enterprises will contain company law contents into the company law and the relevant anti-monopoly and managerial standard antimonopoly law or foreign investment promotion into foreign-funded enterprises, and finally abandoned. Some scholars have proposed a sublation foreign-invested enterprises, namely by the opinions of the company law absorption of foreign investment enterprises in the company law, achieve excellent elements are being perfected.

Delegates thinks, with China's socialist market economy system of perfect gradually, with the gradual strengthening of the integration of the world economy in our country, in order to strengthen the national competitiveness to attract foreign investment, the competent authorities shall actively clearing relevant regulations and normative documents, realize our country foreign investment legal historical transition.