论中外合作经营企业的法律性质及法律特征

国际投资企业形式包括股权式合营企业和契约式合营企业两种。从中外合作经营企业产生的背景分析,它是在中国具体国情中独创出来的一种企业形式,其法律性质在于它是对中外合资经营企业法的灵活变通,这种变通表现在其法律特征之中。中外合作经营企业各方权利义务虽不尽相同,但仍符合平等互利的法律原则和国际惯例。

On Legal Character and Features of Chinese and Foreign Co-operative Joint Venture

Forms of international investment enterprise include equity joint venture and contractual joint venture. Analyzing from the background of emergence of Chinese and foreign cooperative joint venture, it is a kind of enterprise which was originally created in the specific Chinese national conditions. Its character lies in its flexibility in relation to the Law of Chinese and Foreign Equity Joint Venture. This flexibility exhibits in its legal features. Although the rights and obligations of each party of Chinese and foreign co-operative joint venture are different, it still conforms with the legal principle and international customs of equity and mutual benefit.