The Meaning and Impacts of Cross-Strait Bilateral Investment Protection and Promotion Agreement

• Main Authors: Chen-Wei Lee, 李正偉
• Other Authors: HSI-TANG PAN
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/25606732669503973045

碩士 === 淡江大學 === 中國大陸研究所碩士在職專班 === 102 === Taiwanese investment in the mainland to protect the long-term concern is the issue, the government has consistently advocated the two sides should respect and protect the rights and interests of Taiwan investment personal and property safety issues as soon as possible to negotiate and sign an agreement. Back in May 1995 when the second Koo-Wang talks preparatory discussions for the first time, in our proposal, the parties have negotiated this issue into the agenda of priority, but then because of the cross-strait political considerations interrupt consultations, making insurance delayed treatment protocol. Since 1952, our country ended up in May 2013, for approval of foreign investment in the case of 13,636 pieces, the investment amount is $ 79,576,000,000; while the number of pieces of Taiwanese investment in the mainland, has since ended in 1991 until July 2013 40,528 the amount of investment of up to 1,301 pieces billion. Since 2002, the annual investment in the mainland Number pieces and more than a few foreign investment. After 2004, the amount of annual investment in the Chinese mainland is also higher than the amount of foreign investment is almost exponential growth. Thus apparent that our investment in the Chinese mainland market is growing, Taiwanese investment in the mainland has become an upsurge curb the trend. In several pieces, and the amount of investment in the mainland increased, while the incidence of trade disputes between the two sides, has become a major economic and trade exchanges between the two sides of the issue. Although mainland China has entered into a "Taiwan Compatriots Investment Protection Law" and "implementation rules", but is unilaterally to protect the content is not perfect; at the same time deepening cross-strait trade, how to reduce the capital of Taiwan investment in the mainland may lead to the development of out risk and property safety of Taiwan''s security and Taiwan after mainland capital to protect rights and interests of the two sides in all aspects, such as investment by industry, to avoid double taxation, property, security, medical care, placement and other issues, we need to have a clear specification. The two sides signed the insurance agreement is to provide for cross-strait institutionalized negotiations to reduce risk and protect the personal safety of Taiwanese investment in mainland China to help build a stable and transparent investment environment, providing investment disputes arising perfect solution mechanisms. Insurance agreement signed by the two sides after the government signed ECFA, Taiwan to a safeguard to protect the personal safety and investment in mainland China over the credibility of the legal agreement. And actively promote the insurance agreement signed by the two sides, but can not avoid the issue of sovereignty implications, because the jurisdiction is a symbol of sovereignty, and the general investment protection agreement will be to define the nationality of the investor. And actively promote the insurance agreement signed by the two sides, but can not avoid the issue of sovereignty implications, because the jurisdiction is a symbol of sovereignty, and the general investment protection agreement will be to define the nationality of the investor. Theoretically Taiwan to Chinese mainland investors and foreign investment position should be no difference, but because of special cross-strait political relations, the Chinese mainland in order to "one China" principled opposition to the "one China, one Taiwan" or "two China" the assertion that Taiwan is part of China mainland, Taiwan businessmen in mainland China and therefore can not invest directly applicable legal requirements relating to foreign investment in China, but the fact is that the separation of the two sides do exist, there are different between each economy, the monetary system Taiwan investment if its domestic law directly applicable wrong. Therefore, the Chinese mainland to Taiwan in a variety of considerations go to mainland China''s direct investment in positioning between "foreign investment" and between "domestic investment", belongs to a "special domestic investment." This policy is based on political considerations is predictable, if admitted, "Taiwan" is equivalent to "foreign", then we would be to acknowledge the "one China, one Taiwan" or "two China." "Dispute Settlement Mechanism", "jurisdiction", "MFN", "place of arbitration", etc., affect the biggest obstacle to cross-strait insurance agreement signed agreement is sovereignty. As long as any agreement between the two sides involved in the issue of sovereignty, often become the focus of both wrestling and can not proceed. How senior leaders on both sides to prevent the sovereign issues become obstacles to the cross-strait insurance agreement signed agreements, need to play a high degree of intelligence. In short, the two sides signed the agreement through insurance, business networking platform for the competent authorities of the two sides and to assist in handling this matter pursuant to an agreement to help provide protection for the institutionalization of Taiwanese investment interests. To ensure that the agreement implemented, the future will be based on two sessions of both the structure and the cross-strait insurance agreement laid down, to keep track of the progress of the case handling, and to insure the implementation of the Agreement periodically to review the situation in order to implement the protocol execution performance, protect Taiwanese investment interests.