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对于“JOINTVENTURE”,应突破仅从企业形态对其认识的藩篱,其实质上是一种直接投资方式,译为合资经营,指两个或更多主体共同致力于一项特定商业事业的结合。国家投资政策与投资法律的要求、外国投资者的天然劣势、分散风险与争取待遇上的优惠等诸多因素促使了合资经营的产生与发展。但我国在利用合资经营这种投资方式时视野较狭窄、立法欠缺统一性且诸多规定与实际不符。建议取消以三资企业法为主体的外资法群,将合资经营直接规定于统一的外资法典的投资形式一章,而合资经营的具体法律形式,则交由相应的国内部门法调整。
For “JOINTVENTURE”, we should break through the barriers of understanding only from the corporate form. In essence, it is a form of direct investment and is translated as joint-venture. It refers to the combination of two or more entities that work together on a particular business. The requirements of the national investment policies and investment laws, the natural disadvantages of foreign investors, the risk diversification and the preferential treatment for benefits and other factors contributed to the emergence and development of joint ventures. However, our country has a narrower vision when it comes to utilizing such investment methods as joint ventures. The legislation lacks uniformity and many of the provisions do not conform to reality. It is proposed to abolish the foreign-funded corporation that takes the foreign-invested enterprise law as the main body to set the joint venture directly in the chapter of investment form of the unified foreign investment code, and the specific legal form of the joint venture should be adjusted by the corresponding domestic sector law.