Research On The Legal System Of The National Security Review Of Foreign Investment In Our Country

In the current form of world economic development,transnational capital flow has become an important driving force to promote economic development between countries.As the second largest foreign capital inflow country in the world,China has more and more ability to attract foreign investors to invest in recent years.Therefore,the security review of foreign investment has become an important way to ensure China’s national security.The promulgation and implementation of Foreign Investment Law of the People’s Republic of China and Measures for Examining the Safety of Foreign Investment have improved the status and importance of the national safety examination system for foreign investment,and provided a legal basis for the national safety examination.But at present,the security review system of our country still contains the content which has not been clear through the legislation.Because the establishment of national security review system for foreign investment in China is relatively late and lacks practical experience.The Foreign Investment Law of the People’s Republic of China,as the first comprehensive and systematic foreign investment legislation,it’s only a few years away from 2019.In order to maintain the balance between the introduction of foreign investment and the protection of national security,and achieve the goal of safeguarding our national interests.This article will stand on the new starting point of the system and put forward the method of foreign investment national security review system.This paper is divided into four parts:The first part elaborates the basic theories involved in the national security review of foreign investment,including the concept and category of foreign investment,what is national security and national security review,and the principles that should be applied when designing a national security review system.The second part explains the development and progress of China’s foreign investment security review system.The legislative evolution of our foreign investment national security review system can be divided into three stages: early exploration,initial establishment and formation.The content of development and progress is summarized from four aspects: the legal level of the system,the review object,the review procedure and the review decision.The third part examines the national security review system of foreign investment in China,and explains the existing problems from two aspects of substantive provisions and procedural provisions.The problems of substantive provisions are: the composition of the subject of review and the lack of investor relief rights.There are some problems in procedural regulations: no regulation on how to make decisions by working mechanism;no regulation on how to supervise the review work;no informal consultation process has been introduced.The fourth part puts forward some practical suggestions on the national security review system of foreign investment in our country.In terms of substantive provisions,we should make clear the organization of the working mechanism and make legislative provisions on how to protect investors.In terms of procedural provisions,add the provisions on decision-making methods;add regulations on supervision of safety review work;add informal consultation procedures.