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为了进一步提高政府审批外商投资项目工作效率,加速引进外资,在总结经验的基础上,上海市正陆续制订一些有关外商投资项目审批管理的地方性法规和规章。《上海市外商投资项目法律见证办法》(以下简称《办法》)就是其中的一件。笔者试结合规章内容,对外商投资项目法律见证谈些个人看法。外商投资项目法律见证,属于律师见证业务范畴,是法律服务机构为社会提供的一项法律服务,具有民间性,而不具有行政性。律师见证属于非诉讼业务,可分为涉外律师见证与国内律师见证,外商投资项目法律见证是涉外律师见证的一种。《办法》起草过程中对律师见证进行了有益的探索。
In order to further improve the efficiency of government approval of foreign investment projects and speed up the introduction of foreign investment, Shanghai has successively formulated some local laws and regulations on the examination and approval of foreign-funded projects on the basis of summing up experience. The Measures for the Legal Evidence of Foreign-invested Projects in Shanghai (hereinafter referred to as the Measures) is one of them. I try to combine the contents of the rules, the legal testimony of foreign investment projects to talk about some personal views. The legal testimony of foreign investment projects belongs to the lawyer’s witness business category and is a legal service provided by the legal service agencies to the community. It is non-governmental and not administrative in nature. Lawyers’ testimonies belong to the non-litigation business and can be divided into testimony of foreign lawyers and witness of domestic lawyers. Legal testimony of foreign investment projects is a kind of testimony of foreign lawyers. The “Method” drafting process of lawyers witness a useful exploration.