外资国民待遇与我国外资法的调整

本文认为对外资国民待遇的含义界定应从内涵和外延两方面结合做出。从内涵上讲,应采纳"不低于"标准;从外延上讲,应限于东道国具体承诺的"不低于"领域。外资国民待遇的含义影响我国对外资法的调整,在外资法的调整中,要准确把握外资国民待遇的含义,充分运用好外资管辖权。

Foreign capital national reatment and China foreign law's adjustment

In this article,we insist that definition of national treatment on foreign investment should be defined from both connotation and denotation.In connotation,"not less than" standard should be used ; in denotation ,the fields of national treatment on foreign investment should be confined in the fields host country had accepted to give the foreign investment with national treatment.The definition of national treatment on foreign investment is closely related with revision of foreign investment law of China, we insist that in the process of revision of foreing investment law, we should let authority of administration on foreign investment play a full role.