Research On The National Security Review System Of Foreign Investment In China Under The New Situation

In the development of economic globalization,our country has been the world’s second largest country into which the foreign investment flows for several successive years,foreign investment is of very important to the economic development in our country.In order to implement the comprehensive deepening of reform and opening up,our country needs to achieve higher level of investment liberalization to create good investment environment,and also need to use the national security review system of foreign investment as the risk prevention mechanism to protect national security in our country.At the same time,the development of national security review system of foreign investment have some new changes in the countries around the world in recent years,part of the economic powers spontaneously add the foreign investment into the scope of review by modifying the their systems,and review standards continue to increase,the new situation of the strict review of reflects the tendency of the zero-sum game thinking,our country at present is to advocate the construction of a community of shared future for mankind,put forward the "One Belt and One Road" and other international trade related projects to achieve international investment liberalization,the contradiction of the two doctrines put forward the new challenges to improve the system of national security review system of foreign investment of our country.By researching on the national security review system of foreign investment in Europe and the United States and its new changes,it is benefit for our country to establish the review system in line with China’s national conditions and the international standards.In the introduction,this paper briefly introduces the domestic and foreign research situation,and the research methods and innovations of this paper,including the analysis of the new situation based on the latest laws and regulations of different countries,combines the construction of this system with the values of the community of shared future for mankind,and discusses relevant issues from the perspectives of law,economy and politics.This main body of this paper can be divided into three parts.The first part introduces the national security review system in China,including the system’s background,development process,the core concept,the essential content,and the four institutional principles proposed by OECD--non-discrimination principle,regulatory balance principle,transparency or predictability principle and accountability principle.The second part analyzes he existing system problems in China.It mainly involves two parts,the first part is about the problems existing in the system:(1)Insufficient legalization of the system is mainly manifested in unclear review bodies and lack of decision-making mechanism;(2)the problems of review objects and standards,combined with the laws of other countries,comparative analysis of possible shortcomings;(3)the lack of supervision mechanism.Secondly,the challenges our country faces under the new situation are analyzed,including the changes and characteristics of laws around the world and the challenges our country faces in the process of system construction.This part combines with the situation of the United States,Germany and other countries to make a comparative study,and to analyze the current omissions of our system.The third part summarizes and analyzes suggestions on the Issues Relating to the National Security Review System for Foreign Investment in China:(1)to fully legalize the review process,clarify the review bodies,and improve the decision-making mechanism;(2)Through the selection of the scope of the object of review and the criteria of review,and through comparative analysis,the way suitable for China’s national conditions is chosen to establish the review system;(4)improve the supervision mechanism from three aspects:judicial supervision,internal government supervision and legislative supervision,so that the system can protect the rights and interests of investors.