On The National Security Review Mechanism Of China (Shang Hai) Free Trade Zone

The National Security Review Mechanism of Shanghai Free Trade Zone is a parallel measure based on the original system, and combined well with “Negative List”management model in oder to strengthen the supervision of foreign investment in the matter and afterwards. Adjusting and innovation of the original system's main investgating content: firstly carrying on scientific define to the concept of key terms, including foreign investment, foreigners, and actual control right; extend the scope of inspection to the Greenfield Investment; specify to state the considerations of risk as the “National Security”standard, inclusion of the National Cuture Security and Internet securuty;through taking the reasonable supervisory measures to regularize working mechanism and audit program;f inally formed a trinity of prior consultation, risk stratification, statistics&follow-up management to control the risk. With the development of FTZ and further opening up the foreign investment policy, it will to make a request to improve and perfect the established mechanism. Now the National Security Review Mechanism of Shanghai still has the feature of strong as the original system, also have many problems need to improve. Such as the gap and conflict between “Negative List” management model and National Security System, the audit program have been a number of loopholes, the original system's problems could not finally be resolved and so on.The Unated States and European coutries to own an earlier National Security System,has formed a relatively completes legal system. Through the adoption of a series of bills,U.S has formed a rigorous and complete legal system, building a strict and orderly censorship including censorship, standard of review, investigating content and audit program. As the earliest country to make the system codification, Canada carries on to related laws on the basis of the problems, finally establish a uniform and flexble legal system, combined “net benefit” standard with national safety standard. Germany as the most typical country in EC, formed a wide meaning legal system under the capital liberalization, using strict domestic foreign policy “outside the loose-tight” review machanisma. These ripe experiences from the function to build the National Security Review Mechanism of Shanghai FTZ.Improving the National Security Review Mechanism of Shanghai FTZ is not only a matter of our national security but also meningful to the development economics and our peaceful rise.In order to establish the National Security Review Mechanism, has toestablish the regulatory in harmony with “Negative List” management model,improve the efficiency of the review and speeding up the legislative drive in the National Security Review Mechanism, to establish an open type economic setup of all-round, high efficiency and safety by means of FTZ's National Security Review.