On The Complement Of Chinese Foreign Investment Review System

AS the bottleneck, foreign investment review system takes place the variety under the influence of trade. This article aims to find out the function of trade-factor in foreign investment review system, and suggest on foreign investment review system in China satisfying to trade-factor need.The first part, the evolutions of the foreign investment review system. The foreign investment review system accompanies with appearance of the global capital fluxion, understanding the evolution foreign capital reviewing system is the premise of understanding influence factors to the system. The development of the trade arouse the fluxion of the capital, the appearance of foreign investment reviewing system is to accompany with the capital afflux, and producing with the host country's protection to the local industry. Companying with the development of the trade liberalization, all countries come to know the close relations between trade and investment, the appeal to the investment liberalization is higher and sue the new request on enlarge and the range and standard of review.The second part, the influence of multilateral trade agreement to foreign investment review system. Under the push of challenge on the international trade liberalization, all countries foreign investment review system face request on adopting the change of global trade liberalization, and the change just under the restriction of rule of WTO, which is the rule of world trade rule. The request mainly embody in three WTO documents, which are, The Agreement on Trade-Related Investment Measures (TRIMS), General Agreement on Trade in Services (GATS) and Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).The third part, Basing on the evolutions of the Chinese foreign investment review system, analyzing the inadequate of this system during the liberation of trade.The forth part, the thinking of several law problems on Chinese foreign investment review system. There discusses three problems: How to choose the treatment of foreign investment review in China;which mode should be looked for;and the problem on standards of foreign investment reviewing. Analysis of the first problem want to search for law basis of limited nation treatment, which can be adopted in investment review system in China. The second problem mainly uses the compare method analyses the global existing reviewing mode. The third question is examining the standard trend of the foreign investment review system from the trade liberalization.Therefore the lawmaker of China should synthetically consider the actual circumstance of China, compare and draw lessons from the mode of other national foreign investment reviewing system, look for a review mode balancing with trade, and put forward gradually loosening the standard to adapt the development of the global economic liberalization and perfect the China foreign investment reviewing system. In this process what should be noticed is, the influential factors of the foreign investment reviewing absolutely unlimited in trade, including several aspects, such as political and economic, etc., which is the factors should be synthetically considered during the process of perfecting foreign investment review system.