DOI: 10.25136/2409-7136.2018.8.27102

Abstract: This article is the continuation of the authors' analysis of the legal forms of investment activity in China. The authors analyze activities of equity and cooperative joint-ventures. The subject of the research is the common features of joint ventures and specific features of each kind in particular. The analysis is illustrated by the examples from the legal practice. The article containts scientific data and information that have never been mentioned in the academic literature before. In the course of the research the authors have used such methods as general dialectical method, historical analysis, comparative law analysis. The authors base their research on the subjective-objective predetermiined outcome of processes and phenomena. The scientific novelty of the research is caused by the fact that the authors define advantages and disadvantages of EJVs and CJVs in comparison and describe how they function based on particular examples of such compaies. The results of the research demonstrate that even though the role and significance of joint-ventures have been decreasing lately, they may be quite helpful to foreign investors while Chinese partners have the support of the central and local government, brand credibility, land, license, distribution and access to suppliers which decreases initial expenditures and improves changes of a foreign investor for success. 

DOI: 10.25136/2409-7136.2018.7.26838

Abstract: In this article the authors try to cast light on the approaches of Chinese legislators to the protection of investors in Chinese and arbitration courts including international courts. For this purpose, the authors analyze the provisions of the laws of 1979, 1988 and 1986 on joint ventures (share and cooperative) and foreign companies. The authors relate analysis of investment disputes to the kinds of investment disputes and attribution of the investor (internal or external). The authors aso cover the provisions of the intergovernmental agreement between China and Russia. In their research the authors have used such research methods as general dialectical method, historical and comparative law analysis. The authors base their research on the subjective-objective set course of processes and phenomena. The novelty of the research is caused by the fact that the authors analyze arbitration resolvement of investment debates from the point of view of civil law guarantees of investor protection. As a result of the research, the authors conclude that creation of the alternative to state courts, i.e. arbitration resolution of investment disputes, is one of the most important guarantees of a foreign investor rights' protection.