涉外法治：應對海外投資法律風險的良方

Foreign-Related Rule of Law: A Good Way to Deal with the Legal Risks. of Overseas Investment

海外投資法律風險猶如“頑疾”難治，急需一副良方。涉外法治是“法治”理念在涉外領域的展現。首先，從原因角度、表現形式角度和解决方式角度對法律風險進行本體界定，即闡述“頑疾”為何；從概念、結構及其與相近概念界分三個層次，對涉外法治作內涵解讀，即闡述良方為何。進而，分析以涉外法治應對海外投資法律風險的適格性，並重點通過對涉外法治基本思路的詳細展示與深入剖析進一步證成“良方善治”，即以涉外法治主要內容為依據具體闡釋其對於應對海外投資法律風險的作用和效果。最終認為，涉外法治是應對海外投資法律風險的一副良方。

The legal risks of overseas investment are like 'stubborn diseases' that are difficult to cure, and a good remedy is urgently needed. The rule of law concerning foreign affairs is the manifestation of the concept of 'rule of law' in the foreign affairs field. First of all, this paper defines the legal risks from the perspectives of cause, the pattern of manifestation and solution, that is, to expound what are the 'stubborn diseases'. From the concept, the structure and the differences between it and similar concepts, this paper interprets the connotation of foreign-related rule of law, that is, to elaborate what is good prescription. Furthermore, it analyzes the appropriateness of foreign-related rule of law to deal with the legal risks of overseas investment, and further emphatically proves ' good prescription and good governance' through detailed display and in-depth analysis of the basic ideas of foreign-related rule of law, that is, it specifically explains its role and effect in dealing with the legal risks of overseas investment based on the main contents of foreign-related rule of law. Finally, it is concluded that the foreign-related rule of law is a good way to deal with the legal risks of overseas investment.