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中外合作经营企业(下称合作企业)以其较之于其它外商投资经营形式更加灵活的优势,在我国已获得广泛的发展。中外合作经营企业法(以下简称合作企业法)颁行后,合作企业的数量之多、利用外资金额之大,在我国外商投资企业中首屈一指。然而,由于相关的法律,法规不够完善、配套,合作经营合同规定不够明确、具体以及中外各方当事人缺乏合作经营的经验等原因,以致在实际中产生了大量的有关合作经营合同纠纷。此类纠纷的调处,直接关系到如何正确贯彻、执行我国对外商投资的法律、政策和外商来华投资的积极性,涉及面广,影响大,而且,在审理此类案件中有不少疑难问题亟待解决,值得探讨、研究。本文就审理此类案件中遇到的几个问题谈谈一管之见。
Sino-foreign cooperative joint ventures (hereinafter referred to as cooperative enterprises) have enjoyed extensive development in our country with their advantages of being more flexible than other forms of foreign-invested operation. After the promulgation of the Sino-Foreign Cooperative Venture Law (hereinafter referred to as the “Cooperative Venture Law”), the number of cooperative enterprises is large and the amount of foreign investment utilized is second to none in China’s foreign-invested enterprises. However, due to inadequate laws and regulations, inadequate supporting and cooperative contracts, and the lack of experience of cooperative operation by various parties in China and other countries, a large number of disputes over cooperative operation contracts have arisen in practice. The mediation of such disputes is directly related to how to correctly implement and enforce China’s laws and policies on foreign investment and the enthusiasm of foreign investors to invest in China. It involves a wide range of issues and has a great impact. Moreover, there are many difficult problems in handling such cases Urgent solution, worth exploring, research. This article discusses one of the problems encountered in the handling of such cases.