Legal risk and prevention of "Belt and Road" together
September 26, 2023 15:01 Source: "China Social Sciences" September 26, 2023 Issue 2743 Author: Zhu Weidong

2023 is the 10th anniversary of the "Belt and Road" initiative,my country will hold the third "Belt and Road" international cooperation summit forum in October 2023。The Party's Twenty Reports will be submitted again,Promote the high -quality development of the "Belt and Road" for co -construction。ushered in new opportunities,Chinese enterprises also face many legal risks when developing economic and trade exchanges with the joint construction of the “Belt and Road” countries,It may harm the interests of investors,and affect the long -term development of the "Belt and Road"。So,It is necessary to further coordinate domestic rule of law and foreign -related rule of law,Prevent various legal risks,Guarantee the construction of the “Belt and Road” construction is steady and far。

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The legal risk type of "Belt and Road" co -build a diversified type of legal risk,It can be roughly attributed to the following three types。

First,Risks of changes in legal and policy。First,Localization Legislative Council brings risks。This is more obvious in Africa,Africa is an important area for the construction of the “Belt and Road”。In recent years,Tanzania、Congo (Gold)、South Africa and other countries have formulated localization laws related to mining and energy,Main content includes: expanding the equity ratio of local shareholders in foreign companies、Buy local products and services、hire local employees、Transfer technology, etc.。my country's investment in Africa is mainly concentrated in the above fields,Therefore, the impact and influence of it is greater。Next,Incidence of tax laws and policies will bring risks。One aspect,At present, China and many joint -built "Belt and Road" bet365 Play online games countries have not signed a suspension of double taxation agreement,or although it has been signed, it has not yet come into effect,Chinese enterprises are facing the risk of double tax recking; on the other hand,Many national tax laws in the "Belt and Road" joint construction、policy changes are large,Some tax collectors cleverly set their names,Some national governments increase taxes to Chinese enterprises after the epidemic,The above factors will cause legal risks。Last,Domestic political changes in the host country will also bring risks。For example,Ethiopia、Guinea、Chad、Civilian or military coup in Mali and other countries,Often accompanied by armed conflict、Property collection、Government breach of contract,It may interrupt the investment project or bring hidden dangers to investment security。

2,Risks in the field of departmental law。In the Labor Law、Environmental Protection Law and other special legal departments,Chinese companies are facing more legal risks。One aspect,In the field of labor law,Chinese companies may not be familiar with the legal system of labor and employment in the country,There are differences in management concepts and local habits,and there are problems that communicate with the local unions。The risk of labor disputes caused by it is closely related to ESG standards and human rights issues,It is easy to attract the attention of Western media。For example,Chinese companies have been in Zambia in recent years、Zimbabwe、Ethiopian and other countries have worked in labor disputes when investing in countries such as investment,Some disputes under the malicious guidance of Western public opinion,It has a adverse effect on the construction of the “Belt and Road”。On the other hand,In the field of Environmental Protection Law,Many national economic backward、The ecological environment Bet365 lotto review is fragile,And the investment of Chinese enterprises is in mining、Main energy and construction industry,It is easy to cause environmental disputes or litigation。This will lead to tight relations with Chinese enterprises and local community,Even the local government has revoked investment permits,As a result, economic loss。other,Environmental protection issues are also easy to be used by Western media,Rendering Chinese enterprises' "plundering resource theory", "irresponsible development theory", etc.,Identifying my country's investment image。For example,June 2011,A company in China due to environmental protection,I have to give up the Polish highway project that has been carried out for two years; 2018,Gold mine projects invested by a certain gold mine in China were accused of environmental pollution,I have to suspend the construction。

Third,Risk of cross -border dispute cases。With the promotion of the construction of the “Belt and Road”,China and the joint construction of the "Belt and Road" national economic and trade exchanges increase,It also produced a large number of multinational civil Bet365 app download and commercial disputes and criminal cases。Current,Building the "Belt and Road" national legal systems from various national legal systems,Limited channels for bilateral and multilateral judicial cooperation,Is not conducive to the resolution of disputes in the people and business,It is not conducive to curbing and cracking down on transnational crimes。For example,China and Africa's "Belt and Road" countries have increasingly increased civil and business disputes,But only China and 5 African countries have signed bilateral civilian judicial assistance treaties,and only South Africa、Seychelles、A few African countries such as Mauritius have joined the Hague Convention and the Convention on the Hague, etc.,This brings great inconvenience to the resolution of civil and commercial disputes between China and Africa。other,In recent years,Criminal cases involved in Chinese in some African countries,But China only signed a bilateral criminal judicial assistance treaty and extradition treaty with a few African countries,Not conducive to fighting such multinational criminal cases,Protecting the personal and property rights of Chinese enterprises and personnel。

  Further coordinate domestic rule of law and foreign -related rule of law 

In recent years,The party and the country attach great importance to maintaining the legitimate rights and interests of our citizens and enterprises overseas。Under the guidance of Xi Jinping's thinking of the rule of law,my country has formulated a series of foreign legislation such as the "Anti -Foreign Sanctions Law", "Obstructing Foreign Laws and Measures Exit", "Anti -Spy Law",Strongly countered unilateral sanctions from some countries、Long arm jurisdiction,Effectively maintaining national sovereignty、Security and development benefits,Play an important role in protecting my country's overseas rights and interests。But in the long run,For better use of legal means to escort high -quality co -construction of the “Belt and Road”,It also needs to further coordinate domestic rule of law and foreign -related rule of law。

First,Improve the domestic legal system,Extension of the scope of the rule of law in foreign countries。One aspect,my country should further improve the domestic foreign -related legal system,Lay a good foundation for the construction of foreign rule of law。Although my country has formulated laws such as "Foreign Relations" and "Foreign State Removal Law",and modified the outside part of the Civil Procedure Law,But the relevant provisions in laws such as the "Arbitration Law", "National Security Law", "Criminal Law" and "Anti -Foreign Sanctions Law" need to be further improved。On the other hand,my country should bet365 best casino games actively expand the scope of bilateral legal system,Expand the multilateral legal system。Specifically,China should sign a bilateral investment protection treaty with more joint countries、Avoid double taxation agreement、Civil Business Judicial Assistance Treaty、bilateral criminal judicial assistance treaties and extradition treaties,Provide a legal basis for the corresponding matters; multilateral treaties such as the United Nations Anti -Corruption Convention and the United Nations Convention on Crime Criminal Crime and the Hague International Private Law Meeting、Solve the International Center of Investment Disputes、Enhanced cooperation under the framework of Asia -Academy Consultation Organization and other mechanisms and institutions。

Next,Actively promote the construction of the "Belt and Road" dispute resolution mechanism。Current,China's investment disputes in China and the "Belt and Road" countries are mainly resolved in the arbitration institutions of Western countries,Arbitrators also mainly come from Western countries,This will bring inconvenience to the parties in China and the joint -built countries。One aspect,China and a joint -built country can target the types and characteristics of the case,Establish a corresponding joint arbitration mechanism,Create a multilateral "Belt and Road" dispute solution platform。On the other hand,Must further strengthen the construction of the China International Commercial Court,Modify the relevant legal systems such as the Civil Procedure Law and the Arbitration Law,So that Chinese foreign investment companies can better use the China International Commercial Court,Solve the dispute between the people of the co -construction of the country。

again,Expand the legal exchange of the "Belt and Road" countries in the "Belt and Road" countries。Current,More than 150 countries participating bet365 live casino games in the construction of the “Belt and Road”,When Chinese companies invest in these countries,Need to understand its legal system and legal culture。One,It can promote domestic universities and research institutions on the basis of existing research,Further deepen the study of the legal system of co -construction of the country and region。Its two,It can encourage domestic universities and scientific research institutions to build a legal research cooperation platform for the establishment of national universities and scientific research institutions,Carrying out joint research。Its three,You can hold the “Belt and Road” legal forum,Expand the exchange and dialogue of people from the "Belt and Road" national legal circles,Promoting the consensus of the rule of law cooperation。

Last,Cultivation of talent -related talents,Improve the consciousness of the rule of law of Chinese enterprises。Strengthening the work of foreign -related rule of law requires a group of high -quality foreign -related legal talents。Specifically,To cultivate foreign language、Understand the economy、Understand technology、Compound talents who understand the rules of international economic and trade and foreign laws,They can not only provide due diligence for the investment of Chinese companies in the "Belt and Road" countries,You can also act as an agent or help Chinese companies to protect rights in foreign and international places。other,During the promotion of the "Belt and Road" construction process,Chinese companies must also continuously improve their own consciousness of rule of law,Consciously abide by the legal system of investing in the host country,Eliminate the use of improper competition、Bringing and other means to undertake project,Respect local custom habits,Performing corporate social responsibility,bet365 best casino games Implementing localized operation,Maintain a good community relationship,Pay attention to the long -term development of investment in the host country。

  (This article is the "African Localization Legislative Research" (19vjx062) phased results)

(The author is the director of the African Legal Research Center of the West Asian Africa Institute of the Chinese Academy of Social Sciences、Researcher)

Editor in charge: Cui Bohan
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