【中外媒体学术沙龙】上海日报 | 外资企业在华和中资企业“走出去”的法律问题探讨

Credit: Ti Gong

Caption: Experts share ideas on foreign-related legal issues at the Shanghai Academy of Social Sciences.

Yao stressed that modern rivalry between major powers rarely manifests in direct armed conflict. Instead, it often plays out through competitions over rules and legal frameworks, tariff policies, and the abuse of long-arm jurisdiction.

"We must proactively respond and safeguard national and public interests through means of law – all while contributing to the advancement of the rule of law on a global scale," he said.

He further pointed to a second critical consideration: As Chinese enterprises become more and more involved in cross-border economic and trade activities, addressing the complexities of disputes and enhancing coordination in their resolution has become imperative.

"We need efficient adjudication mechanisms that facilitate the fair settlement of cross-border disputes," Yao said. "This will ensure all parties perceive the trials as fair and just."

He also underscored the importance of providing legal services to Chinese enterprises expanding overseas.

By the end of 2024, Chinese investors had established 52,000 enterprises across 190 countries and regions, with approximately 70 percent of these ventures operating profitably or breaking even.

"Protecting these overseas investments and the rights of Chinese citizens involved is both a key task and a significant challenge," he noted.

However, Yao highlighted a pressing shortage of legal professionals competent in handling foreign-related legal matters, emphasizing the urgency of addressing this gap.

Tu Longke, deputy director of the Shanghai Academy of Social Sciences Institute of Law, echoed the link between rule of law and opening-up.

"Only when rule of law advances in step with opening-up can we create a stable, fair, and transparent business environment," he said.

This, in turn, he added, would enable Shanghai to play a pivotal role in global resource allocation and accelerate the development of the city's "five centers" – an international economic center, financial center, trade center, shipping center, and science and technology innovation center.

Wang Haifeng, a researcher from the institute, noted three emerging trends in foreign investment in China: a shift from traditional manufacturing to high-end manufacturing; growing reliance on mergers and acquisitions as an investment model, accompanied by more diverse hybrid equity structures; and a strategic pivot from focusing solely on manufacturing in China to prioritizing both the Chinese market and in-country innovation.