Chinese Environmental law and its Impact on Foreign Investment
秦天宝
【关键词】Environmental law; Impact;Foreign Investment
【全文】
Wang Xi & Qin Tianbao
1. Chinese Legal Framework Regulating Environmental Protection of Foreign Investment
Chinese law regulating environmental protection of foreign investment doesn’t take a uniform legislation form, but is a legal system mutually integrated by all kinds of special statutes and relevant separate laws and regulations. The grade structure of this legal framework is essentially as follows:
1.1 Constitutional ProvisionsChinese constitution stipulates that the state protects and improves both the environment in which people live and the ecological environment; It prevent and controls pollution and other public hazards. Meanwhile Constitution require that foreign businessman investing in china shall abide by Chinese laws. These provisions are the supreme legal ground that China regulates environment protection of foreign investment.
1.2 State’s Specially Separate LegislationLaws of this level includes three parts : First, environmental laws and regulations, such as Environmental Protection Law, Marine Environmental Protection Law, Law on the Prevention and Control of Solid Waste Pollution to the Environment, Interim Provisions Governing the Environment in Economy Open to Outside region, Interim Provisions Governing the Environmental Protection in Related to Imported Wastes and it Supplementary Provisions, etc. Second, laws and regulations on foreign investment, for example ,Law on Foreign Capital Enterprises,Law on Chinese –Foreign Contractual Joint ventures, Foreign Economy Contract Law, Foreign Trade Law, Interim Provisions for the Guidance of Foreign Businessman in their Orientation of Investment and A guiding list of Industies for Investment by ForeignBusinessman, and so on. Just other relevant laws and regulations, such as , Criminal Law ,General Principles of Civil Law, Civil Procedure Law, and so forth.
