中国入世后外资审批中存在的问题及立法思考——从环保角度看外资审批

引入外资,带动了我国经济的发展。然而,由于我国外资审批立法上存在诸多问题,再加上西方发达国家目前正在实行的“污染转移”的政策,使大量不合格的外资企业进入了中国,从而引发了一系列的外资所带来的环境污染的问题。为有效解决引入外资所带来的环境污染问题,必须重新界定审批标准减少其中的自由裁量权,确立环保审批以杜绝“地方保护”,明确审批行使人的法律责任以及建立对于审批权行使的监督体系。

Legislation Thoughts and Some Defects on the Examination and Approval of Foreign Capital after China's Entry into the WTO

Attracting foreign capital can contribute to the development of our economy. However, due to several defects in the legislation of our examination and approval of foreign capital as well as the "Pollution Transfer" policy adopted by some developed countries, quite a few of inqualified corporations with foreign capital have entered into China, which lead to a series of problems on environmental pollution. In order to solve the problems concerned, We believe it is essential to redefine the standard of examination and approval, weakening its free judgment right, to set up the examination and approval of environmental protection so as to prevent "local protection" ,to define the legal liability of persons in charge of examination and approval and to establish the supervision system on the performance of examination and approval right.