The Perfection Of Relevant Legal System And The Cultivation Of Foreign Talents Are Of Vital Importance.

The trend of globalization and the development of new technology revolution has brought a new pattern of resource sharing worldwide. This development trend also provides a rare opportunity for Chinese enterprises to develop.

With the continuous improvement of China's economic development level, accelerating the implementation of the "going out" strategy of Chinese enterprises has become a major step in the new round of opening up to the outside world.

The Committee on social and legal affairs of the CPPCC recently held a symposium on Chinese enterprises' "going out" related legal issues.

According to the participants, enterprises' "going out" is facing severe challenges. How to reduce risks and pay less tuition fees, our government should increase the training of foreign-related legal talents, pfer the high-end foreign-related legal talents for the less experienced enterprises, or carry out deep legal training for different countries and regions.

In October 26, 2005, PetroChina bought PK company for about $4 billion 180 million.

Before the vote of shareholders' meeting of PK company, CNPC signed a memorandum of understanding with Kazakhstan national oil company and got the strong support of the Prime Minister of China and Kazakhstan.

But since then, the Kazakhstan government has imposed a fine of $more than 500 million on the PK company under the anti-monopoly law, which has been paid by PetroChina, which has led to a substantial increase in the cost of the purchase.

Regarding this, Su Ling, member of the CPPCC National Committee and the Standing Committee of the former Party committee of the air traffic administration of the Civil Aviation Administration of China, pointed out that Chinese enterprises should abide by their laws, regulations, regulatory rules and standards in local countries, which is related to compliance management. This is also a challenge to the learning and application of the new rules, and the risk will also increase greatly.

"In the process of" going out ", we are faced with many difficulties and challenges, including the complex and changeable legal environment, intertwined with the various legal systems in common law system, civil law system, Islamic law system and other countries and regions.

Zhang Xiangnan, deputy general counsel of China Nonferrous Metals Group Limited, said that this requires not only the compliance operation of our enterprises, but also the new challenges to our laws.

Zhang further explained that in this complex legal environment, our laws should protect our enterprises, not only in many aspects, but also in the corresponding legal sense, such as disorderly competition, malicious bidding, malicious acquisition, low cost of breach of contract, political risks of national wars, and market risks in interest rates and prices.

Qin Yuxiu, deputy general counsel and general manager of the legal department of China's construction, seems to be following the rule of law in encouraging enterprises to "go out". For example, workers in many countries and regions have a high awareness of labor rights protection. If we do not raise their legal awareness, then enterprises will face many legal traps in the process of "going out".

In from January 16th to 17th, the annual meeting of 2015 Chinese companies issued the "study report" of "going out" of Chinese enterprises in 2015.

The report points out that more than half of the surveyed enterprises have been involved in local civil affairs.

The average cost of litigation or arbitration costs between 100 thousand yuan and 1 million yuan.

Long Xiang, President of Seven Star consulting limited, pointed out that such cases are not uncommon. Many enterprises have paid a lot of tuition fees in the process of "going out", but until now, we still feel that enterprises are "going out".

There are still many shortcomings.

"In the field of enterprise development, China's legal system is not perfect. In the past, only foreign investment enterprise law was a relevant law for foreign investment to China's investment, but the law on overseas investment is blank in China."

Zhang Xiangnan suggested making one.

To make up for the loopholes in the development of enterprises overseas.

Zhang further added that in the legislation, we should innovate the rule of law thinking. We should adopt a combination of management and management.

In the supervision of the government, we should adopt "law without authorization, but not for it". Strict supervision can regulate the order of enterprises and guide healthy competition. In the development of the market, we should adopt "law without prohibition", and the market economy is also a rule of law economy. Therefore, the adjustment of the market should follow the rule of law.