限制台灣企業對陸投資規範之探討
-商業因應策略與法律執行效果之審視

呂倩茹

doi:10.6840/cycu201400009

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限制台灣企業對陸投資規範之探討 -商業因應策略與法律執行效果之審視

A Study of the R.O.C. Regulatory Policy covering Taiwanese Business Investments in the P.R.C. -- A Perspective on Taiwanese Business Strategies Compensating for Regulatory Policy and their Effects

呂倩茹 , Masters　　Advisor：鄺承華　　

繁體中文 DOI： 10.6840/cycu201400009

海峽兩岸經濟合作架構協議；境外公司；法規套利；法律市場；法域競爭； offshore company ； ECFA ； regulatory arbitrage ； jurisdictional competitiont ； the law marke

Abstract │ Reference (484) │ Altmetrics

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The economic character of Taiwan is a shallow type. In order to survive and to develop, it shall depend and rely on exchanging and trading with the international main economic communities and nations. The economy of Mainland China grows rapidly and it has become the fastest one in its growth among others in the world. Both Taiwan and Mainland China share the same culture and race. Although Taiwan possesses the advantage of geography and culture, the authority has suppressed the westward investment of Taiwan enterprises due to the discrepancy in politics. The economic policy of Taiwan in its restrictive nature is one of the main obstacles for the westward investment of Taiwan enterprises.
Due to the dilemma mentioned above, Taiwan enterprises invest offshore companies in the third country (or region) through a roundabout approach. They invest in Mainland China in the name of offshore companies in order to respond the world market trend and to meet the need of the tremendous market in Mainland China. Taiwan enterprises use the regulatory arbitrage mechanism to dodge the legal regulation managed and controlled by the government of Taiwan. It also reveals that the supply and demand of market force dominated by the law and statutes under multiple jurisdiction competition has affected the decisions for the operation of Taiwan enterprises. It is advocated internationally that the deregulation and regulatory reform mechanism can approvingly improve the economic growth. The excessive regulations and statutes dominated by authorities may interfere the development of Taiwan enterprises. Therefore, it causes legal conflicts between the regulations and statutes mentioned above. Owing to the absence of improvement and deregulation system, the legal system will eventually lose its existing functionality. A legal system which could maintain proper economic order under a lower cost is beneficial for the countries and enterprises.
The ECFA signed by Cross-Straits in 2010 has positive effects upon both parties. Not only do they promote Cross-Straits economic trade comprehensively but avoid the marginalization of Taiwan, and contribute to the economic integration of Taiwan and East Asian as well. The ECFA is the largest bilateral agreement of Cross-Straits. It is also the first trade agreement signed by the Member States of WTO which are controversial in sovereignty. By signing the ECFA, it benefits the authority of Taiwan in many ways. First of all, it facilitates Cross-Straits returning to the system of WTO, and it helps when there is necessary to negotiate preferential agreements. It also enhances our competitiveness in the international market. Finally, it can also assist Taiwan to initiate the negotiations on FTA with other countries.
According to the 2012 World Competitiveness Yearbook published by the Swiss IMD, Taiwan competitive rank in the world has fallen from the 7th to the 11th. The Swiss IMD also recommended that Taiwan financial laws and regulations should be deregulated to avoid intervening the operations and management of enterprises. As for the westward investment of Taiwan enterprises, the Taiwan government should reflect from the global industrial layout and perspectives. Guiding, instead of limiting, is the best policy for the development of Taiwan enterprises. Furthermore, Taiwan should strive to build a regular economic and trade relationship base on the framework of international organization and norms. It should eventually create a win-win situation for both Taiwan and Mainland China.

Reference ( 484 ) 〈TOP〉

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連結：

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