Capital output refers tocapitalist countryAn investment or loan made abroad by a government or capitalist in order to obtain high profits or interest.According to the type of output capitalLoan capital outputandOutput of production capital。According to the main body of capital export, it can be divided into national capital export and private capital export.Capital output inlaissez-faire capitalismThe stage has already appeared in a small number of individual casesMonopoly capitalismAt that stage, capital export developed on a large scale and became one of the basic economic characteristics.staythe Second World WarPreviously, capital output was mainly due toExcess capitalThe promotion of.After World War II, capital output was not only driven by excess capital, but alsoInternationalization of productionThat is to say, in the international scopeProfessional collaborationThe inevitable result is the participation of all countriesinternational division of laborOne of the means.[1]
1. Refers toMONOPOLYCapitalist Empire used to obtain high profitsExcess capitalInvesting or lending to other countries is the result of capitalismlaissez-faire capitalismThe main way of foreign economic aggression after the monopoly stage.Taking China as an example, the economic aggression of capitalist powers against China tookCommodity outputMainly, but also started the early capital export.After the late 19th century, western aggression against China was mainly capital export, supplemented by commodity export.
2. It refers to the investment and loan made abroad by a government or individual of a country in order to obtain high profits or interests.According to different subjects, capital export can be divided into private capital export and national capital export.Private capital export refers to the export of capital by individuals or groups, includingPrivate direct investmentSecurities investment and private export loans.National capital export refers to the export of capital by the government and its affiliated institutions, including gifts, loans and governmentexport creditEtc.Whether it is private capital output or government capital output, the basic forms of capital output can be divided into two types, namelyLoan capital outputandOutput of production capital。The former refers to foreign governments orPrivate enterpriseProviding loans or purchasing foreign securities, stocks, etcIndirect investment。The latter refers to the direct establishment of various enterprises abroad to engage inProduction and operation activitiesOfdirect investment。Capital output is earlier thanlaissez-faire capitalismThe stage has already appeared, but only a fewIndividual phenomenonBy the end of the 19th century and the beginning of the 20th century, capitalism had developed into a monopoly stage, and a large number of "surplus" capital had appeared in a few countries, so that capital exports could develop on a large scale and become a common phenomenon.the Second World WarLater, due to the internationalization of economic life andState monopoly capitalismDevelopment, capital output shows new characteristics, that is, the role of the state in capital output is improved, and direct investmentOutput of production capitalIt has become increasingly important, and transnational corporations have become an important tool for capital export.stayInternational taxOn the one hand, capital export brings about contradictions in the distribution of tax benefits between capital exporting countries and capital importing countries,International double taxationThe problem is particularly prominent and needs to be solved by both parties through coordination.
3. Foreign relatedInvestment LawyesInvestor equityIn international investment activities, a country is often both a capital exporter and aCapital inputTherefore, the foreign investment law must take into account the interests of both investors and investors.BothYesFor the interests of investorsProtection clauseAt the same time, foreign investors must meet the economic development goals of the host countryoperating activitiesThe laws of the host country must be observed.Due to the imbalance of economic development, in modern economic life,developed countryThere are many opportunities for capital export, which is often called capital exporting country;developing countryCapital importing countries are often called capital importing countries.Although both capital exporting and importing countriesInvestment activitiesProtected, but legislativeemphasisDifferent.The national law of capital import is to maintainnational sovereigntyandeconomic interestIn order to attract foreign funds, the laws of capital exporting countries pay attention to providing guarantees for their private investment in foreign countries and encourage them.
The characteristics of capitalism in which free competition dominates areCommodity outputThe monopoly dominated capitalism is characterized by capital output.In the stage of free competition, commodity export has been widely developed, which iscapitalist countryoccupyworld marketAnd to colonial and affiliated countriesUnequal exchangeIt is an important means to realize the exploitation of people in colonies and dependent countries.At the same time, capital output has also appeared, but the number is still very small, which does not have important significance.After the transition from the stage of free competition to the stage of monopoly, the export of goods still occupies an important position and has been further developed;However, the development of capital output is much faster.For example, from 1882 to 1913, Britain's total merchandise exports (excluding re exports) increased from 240 million pounds to 526 million pounds, an increase of 119%;During the same period, British foreign investment increased from less than 150 million pounds to 4 billion pounds, an increase of about 27 times.For example, from 1869 to 1914, the FrenchCommodity outputTotal amount from 2 billion to 75 millionfrancIncreased by 135% to 4.868 billion francs;In the same period, France's foreign investment increased from 10 billion francs to 60 billion francs, a fivefold increase.On the whole, capital export was greatly developed at the beginning of the twentieth century.Around 1870, Britain, France, Germany, the United States, Japan, etccapitalist countryThe total foreign investment ofAnnual increaseTo 44 billion to 48 billion dollars.At this time, monopolycapitalistThe income from foreign investment greatly exceeds the income from foreign trade.Taking the UK's annual income in 1899 as an example, the former was 90 million to 100 million pounds, five times the latter's 18 million pounds.It can be seen that in the monopoly stage, capital output has had a special significance.
Reason 2
2、 Necessity of imperialist capital export.
Its necessity is mainly reflected in the large number ofExcess capital。In fact,Excess capitalThis phenomenon has already existed in the stage of free competition.The reason for this phenomenon is that, on the one handCapital accumulationAnd in the process of centralization, there are more and moreMonetary capitalNeed to findInvestment site；On the other hand, it is because the sole purpose of capitalist production is profit. To enable capital to be invested, it must be ensured that it canCapitalist production processThe degree of exploitation required for 'healthy and normal' development to exploit labor "（《Complete Works of Marx and Engels》Vol. 25, pp. 284-285).The degree of exploitation required for the "healthy and normal" development of the capitalist production process, at the stage of free competition, is to ensure thatcapitalistBe able to obtainAverage profit。When the average profit drops, "at leastProfit volumeAs the amount of capital used increasesprofit marginIt will not decline to the same extent when capital increases, nor will it decline more rapidly than capital increases "（《Complete Works of Marx and Engels》Vol. 25, pp. 284-285).If this is not the case, part of the capital will be idleExcess capital。
In the monopoly stage, the surplus capital is more prominent. First, all developedcapitalist countryAll of themcapitalistOfMonopoly alliance；Second, a few of the richest capitalist countries are in a monopoly position in the world,Monopoly capitalBy exploiting and plundering their own country and the people of the world, they have accumulated a huge amount ofMonetary capital。just asLeninIt is said that "imperialism means that monetary capital accumulates in a large number of countries" (Lenin:《Imperialism is the highest stage of capitalism》Therefore, monopoly capitalists in these countries need extremely huge investment sites, which is one aspect.On the other hand, due to the monopoly rule, the degree of exploitation required for the "healthy and normal" development of the above capitalist production process is no longerAverage profit, but the monopoly high profit far higher than the average profit.Moreover, in variousDeveloped capitalist countriesIn those monopoly dominated sectors, investment sites that can obtain monopoly high profits have long beenmonopoly organizationOccupy.In this way, for those who have accumulated an extremely large number ofMonetary capitalAs for the monopoly capitalists, it is not enough to have profitable investment sites in their own countries.Therefore, in some developed countriescapitalist countryLi,Excess capitalIt has reached an unprecedented scale.
Excess capitalThe same as the surplus production andoverpopulationThey all have relative properties.IfcapitalistBe willing to use these so-called surplus capital to improve theliving standard, eliminate the large number ofUnemployed population；Or if we are willing to invest more capital in agriculture when agriculture lags far behind industry, there will certainly be no capital surplus.However, for capitalists, these are impossible things.LeninHe pointed out that "as long as capitalism is still capitalism, the surplus capital will not be used to improve the living standard of the local people (because it will reduce the profits of the capitalists), but will be exported to foreign countries and backward countries to increase profits." (Lenin:《Imperialism is the highest stage of capitalism》56).Therefore, it is necessary for a few imperialist countries to export capital in order to extract more profits from the people of other countries.
Cause 3
3、 The possibility of imperialist capital export.
At the beginning of the twentieth century, a few countries with dominant financial capital not only had the need to export capital, but also had the possibility to export capital.Because at this time, the development of capitalism has drawn many backward countries into the capitalist world market.In these countries,natural economyGradually disintegrate,commodity economyWith developmentClass differentiation, resulting in a large number ofEmployeeMajor railways have been built or are under construction, and the minimum conditions for industrial development have been met.In this way, capital export developed greatly at the beginning of the twentieth century.
Cause 4
4、 Capital export is the basis for imperialism to oppress and exploit people in other countries.
Capital export has expanded the sphere of influence of financial capital from home to abroad, forming an exploitation network of financial capital in the world, resulting in the domination of financial capital over the world.just asLeninIt is said that capital export is "a solid foundation for imperialism to oppress and exploit most nations and countries in the world" (Lenin:《Imperialism is the highest stage of capitalism》57).Capital export is a tool for financial capital to exploit the people of most nations and countries in the world, especially the people of backward countries, and seize monopoly high profits.Export of imperialist countriesBorrowing capital, not only forDebtor countryThey exploit profits heavily, and attach various conditions when providing loans, including forcing debtor countries to buy its goods, promoting its surplus goods, expandingCommodity outputOpen the way.That is to say, financecapitalistWhen exporting loan capital, "peel off a cowtwo skins—two related matters or aspects becoming disjointed and uncoordinatedCome "（Lenin：《Imperialism is the highest stage of capitalism》106).The first is the interest obtained from the loan;The second skin is the monopoly high profits obtained when debtor countries are forced to use the same loan to buy their goods.Export of imperialist countriesProductive capitalIt also kills two birds with one stone. On the one hand, it directly expands its commodity output, and on the other hand, it directly extracts the blood and sweat of the people of the importing countries by using the output production capital.When capital is exported to backward countries, "profits are usually very high because there is little capital, low land prices and cheap raw materials" (Lenin: Imperialism is the highest stage of capitalism, page 56).Due to the massive capital output andCommodity outputAnd obtained huge monopoly profits from abroad.For example, from 1865 to 1898, the Britishnational incomeIt has doubled in total, while the British "income from abroad" has increased 8 times in this period!Capital output is like blood sucking tubes, sucking the blood and sweat of the people in backward countries, which has left them in poverty for a long time.The huge profits brought by capital export have fattened the monopoly bourgeoisie in the imperialist countries and becomeEconomic powerA major source of water.
Capital export is also an important means for imperialism to invade and enslave backward countries and turn them into their own colonies and dependencies.In addition to relying on force, imperialist conquest and domination of colonies and dependent countries are also largely carried out through capital exports.Adopted by the imperialist countriesProductive capitalThe export of foreign trade has controlled the economic lifeline of the backward countries, not only making the people of these countries subject to cruel exploitation, but also directly strengthening the imperialist political control over these countries.Adopted by the imperialist countriesBorrowing capitalThe country's financialDependenciesAnd make these countries dependent on themselves not only economically but also politically.In order to enslave and control backward countries, imperialism also fostered bureaucratic comprador forces in these countries through capital export, colluded with feudal forces, turned them into their own lackeys, and became the pillar and agent of imperialist rule over the people of backward countries.Although the export of imperialist capital to backward countriesnatural economyIt has played a role of disintegration and objectively stimulated the development of national capitalism in these countries. But in general, the result of imperialism's export of capital is to inhibit the development of national capitalism in backward countries that import capital, so that these countries are increasingly on the path of colonial dependencynational economyIn accordance with the needs of the financial capital of the imperialist countries, it developed unilaterally and became a vassal of the imperialist countries to produce agricultural products and mineral raw materials.Asia、AfricaandLatin AmericaThe vast majority of countries and regions, under the long-term oppression of the monopoly capital of the imperialist countries,national economyDestroyed, national economyOne-sided development, even still unable to get rid of this abnormal state.For example, according to the statistics of 1968 and 1969, oil accounted forVenezuelaTotal export value92%, tin ore accounts forbolivia70% of total export value, copper accounts for aboutChile80% of the total export value, with coffee and agricultural products accounting forBrazil80% of the total export value;stayZambiaCopper accounts for 95% of the total export value;stayGhana，cocoaAccounting for more than 50% of the total export value;stayEthiopiaCoffee accounts for more than 60% of the total export value.
In short, capital export has expanded the scope of financial capital exploitation and domination in imperialist countries, and promoted the formation of a world system of financial capital exploitation and domination.LeninSaid that the nature of the benefits obtained from exporting capital "also indicates that financial capital andmonopoly organization"(Lenin:《Imperialism is the highest stage of capitalism》58), that is to say, financial capital not only monopolizes, plunders and rules at home but also all over the world, which fully exposes the nature of capital export and imperialist aggression.
bourgeois classAnd its spokesmen tried their best to cover up the aggressive nature of capital output, insisting that it was a "good deed" of imperialism to help the colonial and affiliated countries develop their economies, in order to "deepen friendship", and so on.These are all lies.We Chinese people have first-hand experience of this kind of "kindness" and "deepening friendship" of imperialism.ImperialismSemi colony、SemifeudalIn the old days, China exported a large amount of capital fromSino-Japanese Jiawu War(1894-1895).At the beginning of the twentieth century, imperialist investment in China was about 1.5 billion dollars,the First World WarAt that time, it increased to more than 2.25 billion US dollars, and on the eve of the outbreak of the Anti Japanese War, it has increased to nearly 4.3 billion US dollars.Chairman Mao pointed out that "the aggression of imperialist powers against China, on the one hand, promotes Chinafeudal societyDisintegration prompted capitalist factors in China, turning a feudal society into aSemi feudal society；But on the other hand, they ruled China cruelly."(Mao Zedong: Chinese Revolution and the Communist Party of China, Selected Works of Mao Zedong (bound edition), page 593). Before the Anti Japanese War, foreign capital in Chinamodern industryandtransportationAbout 70%.They possesssteel industryandpetroleum industry95%, coal mining andpower industry75% of,textile industry60% of,food industryAbout half of.In addition, it also controls almost all of China's railways, aviation andMarine transportation, controlling two-thirds ofinland water transport。China's finance, insurance and foreign trade are also controlled in foreign countriescapitalistHands.The import of a large amount of foreign capital has seriously hinderedChinese national capitalismChina's working class andworking peopleBe subjected to more cruel exploitation and oppression.As Chairman Mao said, "The purpose of the imperialist powers invading China is by no means to turn feudal China into capitalist China. On the contrary, the imperialist powers intend to turn China into their own."Semi colonyAnd colonies. "(Mao Zedong: Chinese Revolution and the Communist Party of China, Selected Works of Mao Zedong (bound edition), page 591).
Imperialism not only exports capital to backward countries, but also to developed countriescapitalist countryExport capital.LeninIn criticismKautskyHe pointed out that "the characteristics of imperialism are more than just trying to annexAgricultural regionAnd even tried to annex regions with highly developed industries "(Lenin:《Imperialism is the highest stage of capitalism》82).The same is true of capital exports.Exporting capital to developed capitalist countries, or even to other imperialist powers, is a way for imperialist countries to compete for each other's domestic investment sites andCommodity salesMeans of market struggle.This capital export will also increase the exploitation of the people of the importing country, affect the economic and political development of the importing country, and make the economic and political development of the weak importing country controlled to varying degrees by the stronger exporting country.
Capital export will also bring serious consequences to the exporting countries themselves.It turns the exporting country into“A profiteering country”, to some extenteconomic developmentStagnation on.
eachcapitalist countryThe imbalance of capital output is a factor in the unbalanced economic development of these countries.All imperialist countries export capital, which cannot but lead to a sharp struggle between them for investment sites, until war breaks out.Driven by the interests and selfish desires of capitalists, and driven by the desire and requirements of imperialism to carve up and re carve up the world market, they have become the deep roots of war (both local and global) regardless of people's will.Every global war will bring heavy disasters to the people, so it will certainly evolve into the eve of the proletarian revolution!Of course, at present the imperialists name it terror!In fact, it is the root of terror!
The export of borrowing capital means that the government, enterprises or banks of the imperialist countries lend capital to the governments, enterprises or banks of other countries.Monopoly bourgeoisieExport capital in the form of borrowing capital, in order to claim interest, and put forward various conditions to the importing country, especially requiring the importing country toOutput of production capitalandCommodity outputProvide favorable conditions, such as before the liberation of our countryReactionary governmentWhen borrowing money from imperialism, we promised them to build railways in our country.France's foreign investment is mainly in Europe, first inRussiaAnd most of them take the form of borrowing capital.LeninSaid that French imperialism is different from British colonial imperialism and can be calledUsury imperialism。
The export of productive capital means that the government, enterprises or banks of an imperialist country directly invest in the establishment of enterprises abroad or independently, or jointly establish enterprises with foreign capital, or buy off existing foreign enterprises at low prices.Monopoly bourgeoisieThe purpose of exporting capital in the form of production capital is to purchase raw materials and labor in the importing country at a price far lower than the domestic price for production and local sales, so as to obtain monopoly high profits.At the end of the 19th century and the beginning of the 20th centurythe First World WarThe previous night, the main countries exporting capital were the United Kingdom, France and Germany, of which the United Kingdom ranked first.Although the United States hasAmericaOther countries on the mainland export capital, but their debts are still relatively large.At that time, Britain mainly exported production capital, and most of it was exported to its colonies, which was closely related to its possession of a large number of colonies.
Main impacts
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Capital export has two consequences in the exporting country
On the one hand, capital export has made the exporting countries gain a lot of wealth and greatly enhanced their economic strength.On the other hand, the exporting countries have also created a class of profit eaters, and because a large number of capital is invested abroaddomestic investmentReduction, resulting in stagnation and slow economic development of the country.The slow economic development of the two major capital exporting countries - Britain and France - at the end of the 19th century and the beginning of the 20th century is a good proof.
Capital export has dual consequences for importing countries
On the one hand, capital export has objectively accelerated the import countriesnatural economyThe disintegration ofadvanced technique, management experience, and to a certain extentLack of fundsAnd promote the import countriesCapitalist mode of productionThe emergence and development of has promoted economic and social progress.On the other hand, because the purpose of capital export is to monopolize the market of backward countriesExcess profitTherefore, capital export will destroy and hinder local ethnic groupscapitalismThe development of the import countrycapital of the national bourgeoisieIn a subordinate position.This has resulted in the abnormal and slow development of the economy of the backward countries, and the most fundamental consequence is to hinder the economic development and social progress of the importing countries.
Capital export also aggravates various contradictions
① Since the essence of capital export is the exploitation and enslavement of colonies by imperialist countriesSemicolonialSo it aggravates imperialism and colonialismSemi colonyThe contradictions among the people have triggeredAsia-Africa-Latin AmericapopularNational democratic revolution。②At the same time, capital export is to seize the market of backward countries, attack competitors, divide or re divideSphere of influenceAnd strengthened the economic development of imperialismout-off-balanceTherefore, capital export has also exacerbated the contradictions between imperialist countries.
reflect
Capital export is a reflection of the expansion of the advanced capitalist mode of production to the world, which has acceleratedCapitalist world systemThe formation ofworld economyDevelopment of.
The division of labor between countries is the division of comparative advantage in the value chain.foreign direct investmentIt is not simply an asset transaction process, including non-financial andintangible assetsTransfer of.Whether enterprises should develop abroad depends onIndustry natureThe comparative advantage of the country and the position of the enterprise in the value chain.
CorporateValue activitiesIt can be divided into basicValue added activitiesAnd auxiliary value-added activities.Basic value-added activities are divided into upstream and downstream links.Upstream links include material supplyproduct development And production operation.Its center is product;The comparative advantage depends on the product technology or production scale.Downstream links include finished productsSplit shipment、marketing managementAnd after-sales service.Its focus is on customers anddistribution channel。If the advantage of a multinational company lies in the upstream link of the value chain, it should adopt a global strategy; if the advantage comes from the downstream link, it should adopt a global strategyRegionalOfProduct strategy。The key is to maintain comparative advantage in strategic links, rather than maintaining comparative advantage in all links.Strategic links should be tightly controlled within the enterprise. Many non strategic activities can be contracted out in the form of contracts, and market cooperation should be used as much as possible tocost reduction。
After 20 years of reform and opening up, China not only has comparative advantages in the production of certain productsCommodity MarketingWe have also accumulated considerable experience.If onhigh-tech productFor example, if the product assembly is a labor-intensive product, then Chinese enterprises will have a comparative advantage in the production of this link.Modern transportation and information make the product division more careful, which can be carried out in many production links of a product.China's capital export can be carried out in both the upstream and downstream sectors.
Regional Selection of China's Capital Export
The best regions for China's capital export should be those that are only half as developed as China in terms of economic developmentcountries and regions 。perhapsEastern EuropeandCentral AsiaCountries are more in line with this condition.
The industrial base of Eastern European countries is no worse than that of China, and the education of the people and the technical level of workers are no worse than that of China.However, some Eastern European countries are not as market-oriented as China, and their participation in the world economy is also far from that of China.Eastern European countries have poor export capacity, and their productsinternational marketNothing oncompetitive power。In these respects, China's economic development is half a step faster than that of Eastern European countries.The cooperation between China and Eastern European countries can give play to the comparative advantages of both sides.
Foreign direct investment should ultimately solve the coordination problem between countries.The goals of various countries are almost certainly not identical.For example, for inflationMacro management, protecting employment, forecasting the future, government goals and nationalLong term goalsMaybe it is not consistent, etc. There will also be many contradictions in the distribution of benefits and costs among countries.These differences will inevitably lead to inconsistent goals pursued by various countries.Therefore, capital export must pursue the common goal of both sides in a certain period of time.This goal must haveTimeliness。We should try to protect this common goal for as long as possible.
Economic development isindustrial structureThe process of constant adjustment.According to their comparative advantages in the world economy, all countries have their own needs“sunset industries"AndEmerging industries。staythe Second World WarThe United States ended up being the world's largest labour intensive productCountry of production。With the development of science and technologyWage levelOn the rise, these industries gradually became sunset industries and were later transferred to Japan.Japan'sEconomic takeoffThanks to these labor-intensive products.When Japan lost its comparative advantage,The Four Little Dragons in AsiaThey were quickly replaced by the "Umbrella Kingdom" and the "Shoes and Hats Kingdom". After China's reform and opening up, these labor-intensive products gradually moved to the mainland of China.
Main body of China's capital export
Most of China's existing foreign economic cooperation institutions are state-owned enterprises.They are large in scale and have some experience.However, like other state-owned enterprises, due to unclear internal property rights, there is a lack of correctexcitation mechanism, they not onlydomestic marketThe lack of competitiveness in the competition exposes many disadvantages in the international market competition.Without thorough reform, it is difficult to expect these enterprises to shoulder the responsibility of capital output.
Chinese private enterprises have grown rapidly in the domestic competitiongross domestic productChina has exceeded the state-owned sector.However, most private enterprises are small in scale and lack of talents and experience in foreign exchanges.Therefore, we should support private enterprises in a planned way in the future, provide information and consulting servicesforeign policy We will lift the restrictions on private enterprises, improve their competitiveness in the international market, and encourage more qualified private enterprises to go global.China's future capital outputMain forceIt must be those private enterprises that are rising rapidly.
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Capital export plays an important role in exporting countries and monopoly capital:
(1) Countries exporting capital andmonopoly organizationA large amount of profits and interest can be obtained.In foreign countries, especially in economically backward countries, direct investment in enterprises is very beneficial in raw materials, labor, tariffs and other aspects, and can naturally achieve high profits.
(2) Capital export has become an important means for exporting countries to control importing countries.When capital exporting countries lend to importing countries, they often attach various conditions, usually through signing agreements to obtain economic, political and military preferences and privileges.
(3) Capital export is the expansion of exporting countriesCommodity exportMeans.The loan must always stipulateDebtor countryTo purchase with all or part of the loanCreditor countryIn this way, monopoly capital can drive the export of goods through capital output.
(4) Capital exportfinacial capitalOur bank network is all over the world.With the growth of capital output,Monopoly capitalismThe national financial capital has established banks and their branches around the world, forming a worldwide banking network and becoming an important institution in the national economy where financial capital is controlled.[2]
legal protection
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(1) It clearly stipulates that foreign-funded enterprises,Joint ventureEnterprise andCooperative enterpriseThe conditions for its establishment and its legal status shall be declared to be protected by its own laws.
Foreign funded enterprises aredirect investmentThe single capital method.It is established and operated by foreign entities in the host country in accordance with the laws of the host country, and its total capital isforeign investorbe-alleconomic entity。Joint ventures and cooperative enterprises are joint capital forms of direct investment.They are enterprises established in the host country by parties from different countries or regions in accordance with the laws of the host country.The former isCo investmentEnterprises that operate jointly, share risks, and share profits and losses shall share risks and profits according to equity.For the latter, its investment conditions, risk responsibilitiesOperation modeandincome distributionIn accordance with the contract.Their establishment must be consistent with the host countryForeign Investment Lawofscope of investment、Investment proportion, approval proceduresterm of investmentAnd the organizational form of the enterprise.Investors are choosinginvestment projects When you are in the host country, you should know the foreign countries of the selected countryInvestment LawThe content and differences of.
In terms of investment scope,developed countryAnddeveloping countryThere are provisions prohibiting or restricting foreign investment in national defense, military and other key industries, but developed countries have no restrictions on investment in other industries;While developing countries encourage foreign businessmen toEmerging industry, foreign exchange earning industry and domestic weak developmentIndustry investment。
stayProportion of contributionIn order to prevent foreign capital from controlling joint ventures, developing countries generally stipulate that the proportion of foreign capital in joint ventures should not exceed 49%, and that in specific industries should not exceed 30% or 40%;In order to attract more foreign investment effectively, some countries have only a lower limit but no upper limit for foreign investment. For example, China stipulates that foreign investment is generally no less than 25%.In developed countries, except telegramsSatellite communication, banking, insurance and other industries have restrictions on the proportion of foreign investment, while other industries have no restrictions on the proportion.
In terms of examination and approval of investmentdeveloped countryAdopt the principle of standard registration, and apply to the competent registration department as long as the conditions specified by law are metRegistrationOK;anddeveloping countryGenerally, a strict examination and approval system is implemented. In addition to the establishment of specialized agencies to be responsible for examination and approval, other institutions participate in the examination and approval, so as to make the invested projects more in line with the national economic development.China's"Three capital" enterprisesTake approvalregistration systemIt stipulates that "the joint venture agreement, contract and articles of association signed by the parties to the joint venture shall be submitted to the state department in charge of foreign economic relations and trade for examination and approval.joint ventureAfter being approvedAdministrative departmentRegister, get the business license and start business ".
As for the investment period, it is generally necessary to considerCapital profit rate，Investment payback period, technology update cycle and other factors.Developed countries anddeveloping countryGenerally, there are rigid provisions for the maximum duration, ranging from 20 years to 30 years, and flexible provisions, which can be extended;In some countries, the time limit is completely stipulated by the contract.our countryGeneral itemsThe duration of the joint venture is 10 to 30 years,Special itemsIt can be extended to 50 years, and projects specially approved by the State Council can be extended to more than 50 years.
With regard to the organizational form and legal nature of investment enterprises, various countries have different legislations.Most countries have no hard and fast regulations on the organizational form of enterprises and can adoptcompany lawVarious forms of organization, such as partnerships,Unlimited liability company，company with limited liability，limited company，Joint venture companyEtc;But some countries stipulate that it can only be a certain form of organization, such as our laws,Joint ventureEnterprises can only be limited liability companies.About international joint venturesCooperative enterpriseThe legal nature of a foreign-funded enterprise can be either a legal person enterprise or an unincorporated enterprise. Generally, Taiwan enterprises are regarded as legal persons by the state, while joint ventures are regarded as partnerships by the Anglo American law.To invest and run an enterprise in the host country, in addition to complying with the provisions of the foreign investment law of the country where the enterprise is located, the company law, tax law andlabour lawThe rights and interests of investors can be fully protected by the relevant laws of the host country, including the Constitution, only if they comply with the relevant provisions of these laws.According to the Constitution of ChinaForeign enterprisesAnd other foreign countrieseconomic organizationAnd China and foreign countriesJoint ventureAnd their legitimate rights and interests are subject toThe People's Republic of ChinaLegal protection.IndiaInvestment LawIt stipulates that "the law guarantees foreign investors against discrimination".YugoslaviaAccording to the Investment Law, "foreigners invest in domestic joint ventureLabor organizationThe right to funds shall be protected by this Law.Except for this Law, other laws or decrees have no right to interfere with the rights of foreigners recognized in fully effective contracts. "
(2) Currency, profit andOther income, remitted back to China in a certain proportion.
(3) In principle, most countries do not nationalize or levy foreign investment, butsocial benefit, which can be nationalized or expropriated and should be compensated.How to compensate, developed countries anddeveloping countryOpinions differ.When developed countries such as Britain and the United States insist on the nationalization of foreign enterprises, the compensation given by the host country must be "adequate, effective and timely".According to their interpretation, "sufficient" means that all compensation is required, including the "developed business value" of the enterprise being expropriated, that is, the profit that the enterprise may obtain in the future for a period of time;"Effective" means that the form of compensation can be directly used by the party receiving compensationMonetary form；"Timely" means the payment time favorable to the indemnified party, that is, the payment shall be made before the requisition or within a short time after the requisition,Deferred paymentInterest shall be calculated at the commercial interest rate.While developing countries claim that compensation should be "reasonable" and "appropriate", which means that the amount of compensation by the host country should not be equal to or higher than that of foreign enterprisesTotal assets, but only according toNational economyPartial compensation will be given for the financial situation.The principle of reasonable and appropriate compensation has been set out inUnited Nations General AssemblyThe Declaration on Permanent Sovereignty over Natural Resources, the Declaration on the Establishment of a New International Economic Order and the Programme of Action are also widely seen in international documentsdeveloping countryForeign affairs ofInvestment LawOfWarranty。asthe PhilippinesThe Investment Law stipulates that the government shall neither confiscate foreign assets nor expropriate foreign assets. If it is necessary to expropriate foreign assets due to special circumstances, it shall give reasonable compensation, and all compensation fees can be remitted out.Indian lawProvision: India generally will not adoptNationalization policy。In case of special circumstances where nationalization measures are not feasible, appropriate compensation will be given.As a developed countryPortugalThe Foreign Investment Code provides the same provisions as those of developing countries. Article 22 of the Code provides thatforeign direct investmentThe safety ofNational interestsCan be expropriated or nationalized, but appropriate compensation will be given and the compensation will be allowed to be remitted abroad.However, not all developing countries provide "appropriate" compensation.Sometimes, in order to attract foreign capital and make it easy for foreign investors to accept, the country has relaxed the terms and conditions.For example, IndonesiaInvestment LawArticles 21 and 22 stipulate that the government shall not completely cancel the ownership of a foreign-funded enterprise, nor nationalize or restrict the enterprise, unless it is really necessary for the national interests and meets the legal requirementsOperation and management rightMeasures.If the above measures must be taken, the government is obliged to make compensation.Compensation amountThe types and methods shall be coordinated among the parties in accordance with the principles of international law.The guarantee provisions of the Yugoslav Investment Law are also flexible, providing that ifCompetent AuthorityThe foreign investor shall be liable for part or all of the immovable property purchased by the foreign invested capital requisitioned in accordance with the national interests.It does not exclude the expropriation of foreign investment by the state, but also indicates that the expropriation will be compensated, and the amount of compensation is the same as that of the joint labor organization in the country.
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Commodity outputAs the name suggests, Western powers dump industrial products and plunder raw materials on China, including opium, products produced by their own handicraft factories, orTrading portSet up factories (few) and utilize ChinaCheap laborAnd raw materials, exploiting the Chinese people.The commodity export was earlier than the capital export, from 1840 to 1895《Treaty of Shimonoseki》During the signing year, the vast majority of goods were exported.Its essence is to control the colonial market.
Capital output is usedExcess capitalInvest in other countries, such as opening factories in China, or use abundant capital to obtain railway rights in China (as stipulated in the Sino French Treaty)Mineral rightswait.Or use excess capital as loans.(e.g《Boxer Protocol》It is required to compensate 450 million taels of silverQing governmentUnable to pay, we have to payImperialismThe country borrows foreign debt and uses customs and other taxes as guarantee)Capital controlColonialEconomic lifeline(The crisis has deepened and become more serious).
