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实行对外开放政策十年来,我国涉外经济领域的立法经历了一个从无到有的历史性变革。综观这一变革进程及其现状,喜忧参半,喜的是,自1979年颁布《中外合资经营企业法》以来,已陆续制定和颁布了二百多个涉外经济法规(不包括地方性法规和地方行政规章),外商投资活动无法可依的矛盾在一定程度上已渐趋缓和;忧的是,法出多门以及立法的盲目性、随意性使一些领域的法律多和滥,从而影响了法律的稳定性、适应性及可操作性,削弱了现有立法的总体效应。这种有法难依的状况很可能使三资企业的发展速度日趋缓慢。本文拟结合上海地区部分三资企业经营活动的实践,对外商投资活动有法难依的成因扼要加以析述,并就如何消除有法难依现象略陈管见。
Ten years of implementing the policy of opening up to the outside world, our country’s legislation in the field of foreign-related economy has undergone a historic change from scratch. Looking at this process of change and its status quo, it is a mixed result. Since then, since the promulgation of the Sino-Foreign Joint Venture Law in 1979, more than 200 foreign economic laws and regulations have been formulated and promulgated (excluding local laws and regulations and local administrative Regulations), the incompatibility of foreign investment activities has gradually eased the contradictions to some extent. The worry is that many laws and the blindness and lack of legislation make the laws in some fields more and more curtailed, thus affecting the law The stability, adaptability and maneuverability have weakened the overall effect of the existing legislation. This law-based situation is likely to make the development of foreign-funded enterprises more slowly. This article intends to combine the practice of some Sanyo-funded enterprises in Shanghai to analyze the causes of the foreign investment activities, and concludes with a discussion on how to eliminate the phenomenon of hard-to-rely.