Study On The National Security Review Of Foreign Investment In China

National security review in the field of foreign investment is not only an important system for China to safeguard national security and optimize the business environment,but also an important link of China’s integration with international standards.With the promulgation of the Foreign Investment Law of the People’s Republic of China and the Measures for the Safety Examination of Foreign Investment,China’s national security review system for foreign investment has initially formed a legal system.However,there is still room for improvement in the provisions on the scope,standards and procedures.In particular,in the face of the trend of tightening the global review system,China’s national security review system for foreign investment needs to form an institutional response at the legislative and practical level.Through the theoretical basis of foreign investment in national security censorship and its core concept —— "national security","foreign investment" to clarify,and the system function,the process and the analysis of the actual case,we can see that the foreign investment in national security censorship in double pressure situation there are many problems need to further clarify,mainly including the law scattered and lower hierarchy,review scope is not flexible,low review standard operability,lack of review procedures,lack of supervision and accountability mechanism,etc.A complete national security review system for foreign investment is an important guarantee for improving the level of foreign investment,In view of China’s reality and the existing shortcomings of the system,This paper is guided by the "overall national security concept",By horizontally comparing the system design and development trend of countries outside the region,Proposed to strengthen supporting legislation at the legislative level,At the practical level,establish a relatively clear scope of review,establish the "index" review standards,set up a flexible mechanism and relief procedures,establish and improve the supervision and accountability mechanism and other optimization paths,And analyze and demonstrate the feasibility of the above improvement proposal,To balance the predictable investment environment and the interests of investors with the protection of national security,To realize the common pursuit of the three values.