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外资审批制度是东道国为了减轻外资进入本国市场的负面效应和引导外资流向而对外资进行甄别,从而决定是否给予市场准入或优惠待遇的制度。我国现行法律所设定的是逐一复合的审查制度,不仅效率低下无法达到甄别外资、引导外资的作用,而且与WTO协议与行政许可法的要求相左。有必要重建我国外资审查制度,使外资审查制度更有效地发挥其实现外资政策的工具性作用。
The examination and approval system for foreign funds is a system for the host country to decide whether to grant market access or preferential treatment in order to reduce the negative effect of foreign capital entering the domestic market and to guide the flow of foreign capital in order to screen foreign capital. The existing law of our country sets the censorship system one by one, which not only can not meet the inefficiency of screening foreign capital and guiding foreign capital, but also contradicts the requirements of WTO agreement and administrative permission law. It is necessary to rebuild the system of censorship of foreign investment in our country so that the system of censorship of foreign investment can more effectively exert its instrumental role in the policy of foreign investment.