论海外投资的法律风险及其防范.docVIP

华中师范大学 硕士学位论文 论海外投资的法律风险及其防范 姓名：李娜 申请学位级别：硕士 专业：经济法学 导教师：陈业宏强法律知识培训，提高投资者法律意识；完善企业法律风险防范内部治理机制，建 立健全企业各项规章制度，完善法人治理结构，设立企业法律顾问制度，在合同的 签定、履行和合同文本归档三个阶段进行有效的合同管理；完善海外投资企业的知 识产权管理、保护机制；最后是加强企业法律文化建设，在企业内部幵展各种宣传 法律文化的活动，选用华人华侨作为海外投资企业的跨文化管理人才，充分利用文 化信息平台。 关键词：海外投资；法律风险；防范措施 PAGE \* MERGEFORMAT IV 颂士学位论文 Abstract The economic globalization has formed a new trend, and ovmeas investment has taken the place of international trade as the main impetus to promote the international economy. With consideration of these factors and Chinas practice of overseas investment, this dissertation explores some problems in the law risks of overseas investment in our country, including the explanation of the law risks, the causes that give rise to the iaw risks，the categories of the law risks, and the precautions of the law risks. In the prelude, the dissertation states the view that overseas investment is the natural and main trend of the economic development in the modem world, the domestic enterprises struggle to the overseas development, and while obtain the bigger development space，these investors have also encountered the kinds of law risks. The domestic some big enterprises overseas have suffered significant law risks which have created the significant economical harm to the enterprise and the country in recent years. But our country overseas investor, the government and scholars seriously lack to the law risk understanding and the research，therefore the author thought it is necessary to strengthen research about the law risks of the overseas investment, take guards against the law risk. In Part One, the dissertation firstly deflnes law risk and differentiates law risk form the risk of breaking through the law, law obligation and the liability for breach of contract. Risk law is the possibility of the happening of the disadvantageous law consequence, because of ignoring law in the life. This part also briefly analyzed law risk tton- standard, non-anticipated, disadvantage