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김성화(Jin, Cheng-Hua) 원광대학교 법학연구소 2013 圓光法學 Vol.29 No.1
With the rapid development of economy, China is experiencing a social upheaval. China has been called "hot spot"of international investment for a long time. But, recent years, as the deep-rooted contradiction of the international financial crisis have not yet been eliminated major economies are lacking in strength; the European debt crisis continue to attack and the global economy's recession, Foreign-invested enterprises are facing huge challenges they had never met. Shanghai, as the center of China's economy, had made excellent achievements under the reform and open up policy in 30 years. But, the transition of mode of economic development and attracting investment are also facing many challenges. Shanghai, an international metropolis, as the driving force of China's economy, can be measured as the overall level of development of Chinese economy, especially, when Chinese government had decided to build an international financial center and international shipping center in Shanghai before 2020. So it's necessary and significant to explore its comparative advantages and its driving force role in China's economy from different approach. At the same time, Shanghai's economic development and effect of attracting investment in transition period can spread to the whole China and the world. In the Eleventh Five-Year period, after overcoming the impact of international financial crisis and the limitations of its own development, Shanghai obtained good achievements in attracting investment. On this basis, Shanghai's investment is mainly concentrated in the regional headquarters of multinational companies, modern services industry and advanced manufacturing, innovation of technology and enterprise restructuring, research filed and so on in the Twelfth Five-Year period, Shanghai also strive to walk in the front of other provinces. In order to achieve the goal of attracting investment, Shanghai will make a series of policies and expand investment services to attract more investments. Currently, due to the limitation of investment environment and investment policies, there are many problems in attracting foreign investors. In order to solve these problems, the author list following measures: First, the investment strategy should be focused on specific industries and fields; Second, full support from the central government; Third, the local regulations and policies of investment in Shanghai should be further improved.
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김성화 ( Cheng Hua Jin ) 한국법정책학회 2014 법과 정책연구 Vol.14 No.3
Shanghai Free Trade Zone is a major national strategic decision to further deepen reform and expanding opening up and also to enhance the national strength. Shanghai FTA involves many aspects of reform. The legal system is not only the priority of promoting Shanghai FTA and also is an important guarantee of operation in the FTA. Moreover, the operation of the Shanghai Free Trade Zone is inseparable from new forms of foreign investment. Indeed, Shanghai free trade zone made many positive and useful attempts to improve the management of foreign investment. For example, in the foreign access legislation, there’s a popular treatment in international bilateral investment agreements, which are “ national treatment before access”, negative list and other rules. there are still a lot of problems in the implementation process, such as excessive control, too few services opened, lacking of support laws and dispute settlement mechanisms. In the future, with the deepening of the legal system works, Shanghai FTA will have new laws and regulations of foreign investment, which can be copied, can be extended and also be updated. Therefore, analyzing foreign investment and its shortcomings at this stage is very necessary, on this basis that future prospects in terms of foreign investment legislation, foreign management, foreign investment dispute settlement mechanisms, and then help us build the perfect FTA legal system.
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KCI
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