On the Legal Restrictions of China over Companies' Investment from Investment Body Perspective

Company's making the investment is the important means that realize its purpose. But the existing laws and regulations of our country have a great deal of restrictions on the investment body of company, including the discrimination of investment body between the domestic company and the corporation with foreign capitals, and the limitations of reasonable application because of the absence of definition of the investment company and the holding company, etc. However, according to internal and external circumstances, those restrictions are more and more unseasonable. According to inside circumstance, market economy of our country is setting up progressively, it requires market body have equal positions; According to outside circumstance, our country has already entered into WTO, under the WTO agreements the corporations with foreign capitals should be entitled national treatments, and we should carry out the transparency during the legislation and performance of the laws and regulations. This text is making preliminary discussion and analysis on the restrictions and the perfection of laws and regulations restraints about the investment body. I expect to offer some proposes about the modifications on the company law of our country and others.