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改革开放以来,伴随着市场经济的不断深入发展,我国对外开放在取得显著成绩的同时也不得不面临外国投资法律制度构建滞后于实践的困境。十八届三中、四中全会的召开为我国外国投资立法改革指明了方向,制定统一的外国投资法律已经提上立法日程。深化外国投资立法改革必须从当前我国外国投资法律制度的现状出发,借鉴有关国家的有益经验,放宽外资准入,将审批制改革为报告制,同时强化政府公共服务职能,完善相关法律制度。
Since the reform and opening up, along with the deepening development of the market economy, while opening up to the outside world, China has also had to face the dilemma of building a legal system for foreign investment lagging behind in practice. The Third Plenary Session of the 18th Central Committee and the Fourth Plenary Session of the 18th CPC Central Committee have pointed out the direction for the reform of China’s foreign investment legislation and the enactment of a unified foreign investment law has been put on the legislative agenda. Deepening the reform of foreign investment legislation must start with the current status quo of our country’s foreign investment law system, learn from the valuable experience of the countries concerned, relax the admittance of foreign funds, reform the examination and approval system into a reporting system, and at the same time strengthen the government’s public service functions and improve relevant legal systems.