论外资国民待遇标准与中国外资立法政策的调适

随着经济全球化、投资自由化趋势的日益增强 ,外资国民待遇标准的处延有逐步拓展、并在形式上有专门多边条约调整的趋势。我国改革开放以来过分依赖给予外资优惠的立法政策已显现出负面影响 ,为因应国际投资自由化和我国经济转型的需要 ,我国的外资立法应采取以维护内外资公平竞争环境为价值取向的政策。

On the Standard of National Treatment to the Foreign Investment and the Adjustment and Application of China''''s Legislative Policies on the Foreign Investment

With the increase of the globalization of economy and freedom of investment, a tendency appears that the extension of the standard of national treatment to the foreign investment will be gradually widened and adjusted by special multinational treaties. China's legislative policies of giving too much preferential treatment to the foreign investment has shown its negative effect. We should change our policies to those which protect a circumstances of fair competition for the foreign investment.