On the Improvement of China’s Legal System of Foreign Direct Investment

China has not enacted unified foreign direct investment code, and the legal system of foreign direct investment is composed of separate laws and numerous regulations and rules at both national and local level. The establishment of all foreign investment enterprises in China is subject to examination and approval of relevant authorities, only after which enterprises can be registered. The operation duration of equity joint ventures, contractual joint ventures and solely foreign-founded enterprises shall comply with relevant provisions of Chinese laws. The operation duration and disillusion of foreign-invested stock joint limited companies are subject to Chinese Company Law. The 2-track legislation model, under which foreign investment enterprises and domestic enterprises are governed by different laws and regulations, caused conflicts among different laws and difficulties in application of laws. To overcome the defaults China must enact unified law on foreign direct investment.

Eliminating Privileges Enjoyed by Foreign Investors in China: Rationality and Ramifications Under a Unified Tax Code

<p>The enterprise income tax law in China has for a long time been characterized by the co-existence of two tax codes applied to foreign investment enterprises and indigenous enterprises respectively. Tax privileges granted to foreign investors give rise to the inequality of tax treatment among enterprises in the country. Under the newly released Enterprise Income Tax Law, a unified tax code is to be applied to all enterprises alike, and tax impetus is no longer reserved for foreign investors. This is a move towards developing a platform on which all enterprises in China can compete equally in terms of taxation. A way forward is contemplated over integrating current laws on foreign investment enterprises into the general domain of the commercial law regime, in order that those mutually exclusive legal regulations presently applied to foreign investment enterprises and their local counterparts can eventually be unified in the same way as in the field of taxation.</p>

Laboratories of the new Europe: trade unions, employee interest representation and participation in foreign investment enterprises in central and eastern Europe

This article examines a number of aspects of the industrial relations practices of foreign investors in central and eastern Europe, focusing on trade union structures, employee interest representation, and consultation and social dialogue at the company level. Based on evidence from selected companies in Poland, the Czech Republic, Hungary and Slovakia, the paper argues that the experiences of multinational companies with regard to employee interest representation and shop-floor trade unionism should be regarded as ‘laboratories of learning processes' which are not only having an impact on the ongoing transformation of industrial relations and corporate cultures in the new Member States but also on the whole of Europe, most notably the future shape of institutionalised employee participation.