The Improvement Of China's Foreign Investment Security Review System

While foreign investment promotes the economic development and social stability of capital-importing countries,it may also bring about negative effects that affect the sound development of the host country's economy and even national security.Aimed at wiping off the adverse influence on national security,foreign investment security review system came into being.Starting in the United states and perfected in the legal practice of various countries,the role of foreign investment security review system in protecting national security has been continuously strengthened and upgraded."Foreign Investment Law of the People's Republic of China" promulgated in 2020 formally proposes the establishment of a unified foreign investment security review system,and the subsequent "Foreign Investment Security Review Measures" detailed and improved this system.However,there are still many problems in Chinese current system,which cause the review dilemma of both internal and external part cannot balance the contradiction between China further opening-up foreign investment policy and the need to maintain national security,and it needs to be further improved urgently.This article is composed of four sections.Section One is to analyze the basic connotation of the review system.Define the implication of the two core concepts of the system,"foreign investment" and "national security",and clarify the connection between the two concepts,and review system and admission system.Section Two conducts a legislative investigation of China foreign investment security review system.To sort out the historical evolution of China foreign investment security review system thoroughly,this paper combs the development process of the review system from three phases: the budding period,the gestation period,and the molding period,respectively.Then,inspecting the specific system in our current legal system,from analyzing the problems faced by China current foreign investment security review system.Section Three analyzes the dual dilemma of the negative effects of foreign investment on China national security and the frequent security review barriers Chinese companies endure when investing in the overseas,and the causes of the dilemma of our foreign investment security review practice from the disadvantages of China current foreign investment security review system in terms of review standards,review institutions,review procedures and supervision mechanisms.Thus,we can reach the conclusion that the current system need and ought to improve.Section Four is aimed at proposing suggestions on perfecting our system.Reviewing the U.S.foreign investment and national security review system in terms of the shortcomings in our system,intended to provide a reference for perfecting China foreign investment review system.Then,putting forward corresponding suggestions for improvement in the four deficiencies in our country's review system.