WTO가입과 중국의 외국인투자법제정비에 관한 연구 : 중국의 WTO가입과 법제개선(II)
305
0
0
전체 글
(2) 제 4 절 WTO가입에 따른 의무이행을 위한 법제정비작업 ··········· 58 1. WTO가입이 중국법제에 미치는 영향 ············································ 58 2. WTO가입과 중국경제법령 정비현황 ·············································· 61 (1) 기본방향 ···························································································· 61 (2) 국가와 지방정부의 법제정비작업 ················································ 62 3. 분야별 현황 ··························································································· 66 (1) 대외상품무역 분야 ·········································································· 66 (2) 서비스무역 분야 ·············································································· 67 (3) 무역관련 지적재산권 분야 ···························································· 76 (4) 외상투자와 관련된 기타 분야 ······················································ 78 4. 향후 입법 또는 정비 준비중인 기본법률 분야 ····························· 79 (1) 의 의 ·································································································· 79 (2) 독점금지법 ························································································ 80 (3) 민법전 ································································································ 83 (4) 정비 준비중인 기타 분야 ······························································ 86. 제 3 장 외국인투자관련 법령정비 ····················································· 89 제 1 절 기본적인 고찰 ················································································· 89 1. 최근의 국제투자 동향 ········································································· 89 2. 외국인직접투자가 중국 경제에 미치는 영향 ································· 90 3. 중국의 시각에서 본 외국인직접투자의 리스크 ····························· 91. 제 2 절 TRIMs 협정과 중국의 외국인투자관련법 ·························· 94 1. TRIMs협정의 주요내용 ···································································· 94 (1) 무역관련투자조치(Trade-related Investment Measures)의 의의 ······································································· 94 (2) TRIMs협정의 관련 규정에 대한 해석문제 ····························· 96 2. TRIMs 협정의 관점에서 본 중국의 외국인투자관련법 ············ 99 (1) 외국인투자법령의 투명성 제고 ···················································· 99 (2) 외국인투자의 승인(Admission of Foreign Investment)과 외자의 대우 문제 ········································ 100.
(3) (3) TRIMs 협정에 부합되지 아니하는 법령의 폐지 ················· 104 (4) 중국의 TRIMs 협정 예외조항의 이용가능성 ······················· 109. 제 3 절 최근의 외상투자3법 정비 ························································ 111 1. 의 의 ····································································································· 111 2. 개정 내용 ····························································································· 112 (1) 전형적인 무역관련투자조치에 해당하는 규정의 개정 ······· 112 (2) 계획경제제도 잔재 규정과 기업자율성 저해 규정의 개정 ······ 118 (3) 설립업종 금지 또는 제한을 완화하기 위한 개정 ················· 122 (4) 현행 법령의 내용과 불일치하는 규정의 개정 ······················· 124 (5) 새로운 개혁상황에 부적절한 규정의 개정 ····························· 129 (6) 차별대우 규정의 개정 ································································· 134 (7) 기타 개정 ······················································································· 135. 제 4 절 외상투자산업지도방향에 관한 법규 ····································· 138 1. 의 의 ····································································································· 138 2.《외국인투자방향지도규정》 ····························································· 140 (1) 장려영역(제5조) ··········································································· 140 (2) 제한영역(제6조) ··········································································· 140 (3) 금지영역(제7조) ··········································································· 141 (4) 평 가 ······························································································· 141 3.《외국인투자 산업지도 목록》 ························································· 142 (1) 장려영역 ························································································· 143 (2) 외국인투자 제한산업 리스트 ····················································· 157 (3) 외국인투자 금지산업 리스트 ····················································· 164 (4) 평 가 ······························································································· 166. 제 5 절 외상투자기업의 국내재투자 ···················································· 167 1. 제정목적 ······························································································· 167 2.《외상투자기업국내투자잠행규정》의 개요 ··································· 168 (1) 적용범위 ························································································· 168.
(4) (2) 외상투자기업의 국내투자의 요건 ············································· 170 (3) 외상투자기업의 국내투자의 구체적인 절차 ··························· 173 (4) 외자의 비율이 25%를 초과하는 피투자기업에 대한 외상투자기업대우의 부여 ··························································· 178 3. 평 가 ····································································································· 181. 제 6 절 IT 분야에 관한 중국의 투자관련 법제 ······························ 182 1. 의 의 ····································································································· 182 2. IT 분야 법령의 특징과 체계 ························································ 184 (1) 기본적 특징 ··················································································· 184 (2) 체 제 ······························································································· 186 3.《電氣通信條例》 ················································································· 188 (1) 제정배경 ······················································································· 188 (2) 특 징 ······························································································· 189 (3) 주요 내용 ······················································································· 191 4. 인터넷 분야 ························································································· 198 (1) 인터넷 안전관리 ··········································································· 198 (2) 전자상거래 ····················································································· 200 (3) 인터넷정보서비스 관리 ······························································· 206 (4) 위법행위에 대한 제재 ································································· 209 5. 전기통신 통신분야의 외국인투자 ··················································· 210 (1) 의 의 ······························································································· 210 (2) WTO가입이 통신사업분야에 미칠 영향 ································ 212 (3)《전기통신조례》의 외국인투자 관련 규정 ····························· 213 (4)《외상투자산업지도목록》상의 전기통신서비스 시장 개방 ···· 214 (5)《외상투자전기통신기업관리규정》 ··········································· 215. 제 7 절 외상투자기업의 합병과 분할제도 ·········································· 221 1.《外商投資企業的合倂與分立的規定》 ············································· 221.
(5) (1) 의 의 ·································································································· 221 (2) 주요내용 ···························································································· 222 (3) 최근 개정 내용 ················································································ 222 2. 국제적인 합병인수제도의 입법화 필요성 ····································· 224. 제 8 절 기타 주요 분야의 외국인투자관련 법령 ····························· 226 1. 금융분야 ······························································································· 226 (1) 외상투자성회사잠정규정(關於外商投資擧辦投資性公司的 暫行規定) ························································································ 226 (2) 외국인투자벤처캐피탈기업잠정규정(關於設立外商投資創業 投資企業的暫行規定) ··································································· 228 (3) 외자금융기구관리조례(中華人民共和國外資金融機構 管理條例) ······················································································· 230 (4) 외자보험회사관리조례(中華人民共和國外資保險公司 管理條例) ······················································································· 231 (5) 외국인투자리스회사심사승인관리판법(外商投資租賃公司審批 管理暫行辦法) ··············································································· 233 (6) 외국인투자주식회사관련 문제에 관한 통지(關於外商投資股份 有關問題的通知) ··········································································· 236 2. 석유자원개발채굴분야 ······································································· 237 (1) 대외합작해양석유자원개발채굴조례(中華人民共和國對外 合作開采海洋石油資源條例) ························································ 237 (2) 대외합작육상석유자원개발채굴조례(中華人民共和國對外合作 開采陸上石油資源條例) ································································ 241 3. 운수분야 ······························································································· 245 (1) 외상투자국제화물운수대리기업관리규정(外商投資國際貨物運輸 代理企業管理規定) ········································································ 245 (2) 외상투자도로운수기업관리규정(外商投資道路運輸企業管理 規定) ······························································································· 246 (3) 외상투자민간항공업규정《外商投資民用航空業規定》 ········· 247.
관련 문서
이러한 종자 시장의 변화 속에서 2016년 2월 중국의 중국화공집단공사(中国化工集 团公司 CHEMCHINA, 이하 중국화공으로 약칭)는 스위스의 신젠타를
Ø 한·중 FTA 농업분야 협상전략수립과 대응방안모색에 기여 Ø 중국의 식품소비와 중국 시장 진출에 대한 관심을 충족. 지금까지 축적된 중국 농업 관련 정보와
『기상기술정책』지는 범정부적인 기상·기후 분야의 정책 수요에 적극적으로 부응하고, 창의적인 기상기술 혁신을 위한 전문적인 연구 조사를 통해 기상·기후업무 관련
한편, 남중국해 지역국가들이 중국의 무력점거를 국 제상설중재재판소에 제소하였고, 이에 대해 중국에 불리한 판결이 나오자 중국은 이 를 고의로 무시하고
그리고 투자지역 분포의 확산이 필요하다.즉,이후에는 동북부와 서부의 내륙지 방으로의 투자를 분산해야 한다.과거 불균형 경제성장 전략 단계의 한국기업의 중 국
중국은 예로부터 다양한 재해가 많이 발생한 나리이며, 선진시기부터 이미 풍 부한 재해 관련 기록이 존재한다. 이런 다양한 기록은 다른 나라에서 찾아보기 힘 들며, 한서
5. 대수재 뒤 중국 농촌은 농업생산력을 회복하지 못한 상황에서 세계 경제공황의 영향으로 농산물 가격도 하락하여 계속 쇠퇴했 다. 중국은 재난에 익숙해 있었지만 19세기
State or other Participating States, are increasing in such a manner as to cause, or threaten to cause, serious injury to domestic industry that produces like or
