Research On The Legal Mechanism Of Information Protection In International Investment

With the continuous development of economic globalization and international investment,investors in various countries have an increasing demand for the protection of trade secrets and other information.China has improved the degree of information protection by joining relevant international agreements,amending the anti unfair competition law,adding new laws and judicial interpretations.However,China’s international investment information protection mechanism is still in the initial stage of development and needs to be further improved to meet the needs of foreign investors.This thesis focuses on trade secrets.According to the specific situation of our country,by learning from relevant international experience,this thesis puts forward some suggestions on the deficiencies of China’s legal mechanism for the protection of international investment information and the security review of foreign investors.The main body of this thesis consists of four parts,the main contents are as follows:The first part introduces the basic theory of the legal mechanism of international investment information protection.Including the scope of information protection in the legal mechanism of international investment information protection,the identification standard of trade secrets,and the significance of the legal mechanism of international investment information protection to promote domestic economic development.The second part is the development status and existing problems of China’s legal mechanism for international investment information protection.China adopts a decentralized legislative model for the protection of international investment information,including foreign investment law,anti unfair competition law,civil law and criminal law.The problems existing in China’s legal mechanism for the protection of international investment information include the lack of standards for the identification of trade secrets,the general and simple provisions,the low efficiency and enforcement of the existing complaint mechanism,and the low level of law enforcement.The problems of national security under the protection of international investment information include the lack of identification factors in the security review of foreign investment and the threat of international information flow to China’s national security.The third part is the extraterritorial experience of the legal mechanism of international investment information protection.On the basis of TRIPS Agreement,cptpp agreement improves the identification standards of trade secrets and measures for the protection of international investment information.The laws of the United States and Japan have comprehensive provisions on the protection of international investment information.The legal mechanism of overseas international investment information protection can be used for reference to China in paying attention to the unity of domestic and foreign investment protection,improving the relief mechanism and dispute settlement mechanism.The fourth part is the relevant improvement suggestions on the problems existing in the legal mechanism of international investment information protection in China.In view of the problems existing in the specific content of China’s legal mechanism for international investment information protection,we should coordinate the provisions of domestic law and international law,improve the specific provisions of foreign investment information protection,improve the efficiency and enforcement of the existing complaint mechanism,and improve the level of law enforcement.In view of the problems existing in safeguarding national security under the protection of China’s international investment information,we should set up comprehensive security review and identification factors and strengthen relevant legislation to safeguard national security.