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Foreign access to the international development trend of legislation


Economic efficiency, and make foreign investment in line with national economic development objectives important means. However, if the approving authority overlap,[link widoczny dla zalogowanych], cumbersome procedures, administrative inefficiency and bureaucracy in the approval process, but also on the free flow of transnational capital have a negative impact. Recent approval of foreign investment law reform to foreign investment is mainly reflected in: ① to streamline and simplify approval procedures for examination and approval authority, pay attention to the authority of examination and approval authority and efficiency. ② narrow the scope of approval, approval by the each part of the approval to change the mandatory approval by the transition to the voluntary nature of such approval, the unconditional approval of all items of the conditional approval to the conversion of part of the project. ③ approval standards be relaxed. Increasing number of countries in the positive list of criteria for approval, while reducing the negative list of criteria,[link widoczny dla zalogowanych], it began to pay attention to the standard approval criteria of transparency and to improve the operability. Trend: people issues in the implementation of quasi-national treatment. Differences in the economic level, only a few prospective people in foreign countries on issues concerning national treatment to foreign investors, but in recent years by the world economic integration and liberalization, foreign investment legislation in some developing countries began to clear that national treatment to foreign investment and to extend national treatment to the quasi-one stage. Trend five: reduce or abolish the quasi-human aspects of investment measures and performance requirements. Although the countries are still widely implemented measures and performance requirements of investment. However, some countries began to involve foreign law reform initiative to restrict investment measures and performance requirements of the problem, such as Mexico's new foreign investment law in 1993, began to exclude the performance requirements imposed on foreign investors. Moreover, with the WID framework of the application under the TRIMS agreement,[link widoczny dla zalogowanych], restrictions and cancellation of certain investment measures and performance requirements for foreign access to carry out legislative reforms are drastic. Third, the liberalization of restrictions on foreign access - government intervention in the liberalization of foreign access to an accurate understanding of the meaning, people need to understand foreign prospective relationship between liberalization and government intervention. Quasi-liberalization of foreign people and government intervention is both a contradiction between the unity of the relationship is. First, the liberalization of foreign capital admittance to cancel the activities of government restrictions on foreign investment and unreasonable interference to eliminate various distortions on the market, in this sense, foreign entry liberalization and government intervention is contradictory to the implementation of foreign standards people liberalization, we must eliminate government intervention. However, the liberalization of foreign investment policy does not mean laissez-faire operation of the market does not mean the government doing nothing. On the contrary, the Government's role and intervention is necessary. The need for government intervention, not only to foreign laws and regulations must be bound by the host country can not harm the legitimate interests of the host country, but more important is the need for foreign investment activities in the normal market order of fair competition, and market rules and market order is inseparable from the role of government intervention and the only purpose of government intervention, not to limit but rather to promote the development of foreign investment. For example: one country, access to the approval of foreign investment is the main form of government intervention. The so-called foreign access examination and approval system is designated as the importing country government or the authority designated by the government according to certain procedures, standards and specific nature of foreign investment projects, according to national laws, policies and specific period of economic development, key objectives and capabilities , convection people of foreign direct investment for national identification, screening, evaluation,[link widoczny dla zalogowanych], and decided to grant leave or not to grant a permit system. Foreign investment approval system access is to restrict the free movement of international capital as a means of its fundamental purpose is to enable countries to the national economic and social development goals, planned, purposeful, focused use of foreign capital, foreign capital and give full play economic benefits and promote the healthy development of national economy, while excluding foreign investment to the vital interests of national security and economic sectors, foreign investors avoid the adverse economic and social development impact of foreign investment to achieve a positive purpose. Therefore, the implementation of the policy of liberalization of foreign investment potential role of government does not mean the weakening, but the redefinition of government functions and other aspects of the enhancement. Liberalization process itself is a quasi-person process of policy reform, government policy makers, policy process is advancing through the law,[link widoczny dla zalogowanych], foreign investment potential of people depends on whether the effectiveness of the liberalization process has a strong legal system to protect the reasonable . The role of government is to ensure that the legal system to ensure the normal operation of the market. The Government should strive to eliminate all kinds of market distortions, to develop non-restrictive rules and regulations and create a favorable investment environment. [
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[link widoczny dla zalogowanych]

[link widoczny dla zalogowanych]