Research On The Principle Of National Treatment Before The Admission Of Foreign Investment In China

The introduction of the Law of the People’s Republic of China on Foreign Investment has established at the legal level the principle of pre-establishment national treatment for foreign investment in China.By analysing the development and practice of the principle of pre-establishment national treatment in the foreign investment legal system at home and abroad,this thesis explores the legal problems that still exist,and proposes suggestions to optimise the security review system for foreign investment in China,to improve the negative list system and to make an effective interface between the negative list and the security review mechanism in the context of China’s Foreign Investment Law,the Security Review Measures for Foreign Investment and the latest version of the negative list This thesis will help China to further enhance the enthusiasm of foreign investment and regulate the management of foreign investment.The main part of this thesis consists of four chapters.The first chapter discusses the concept of the principle ofpre-establishment national treatment and the pre-establishment national treatment plus negative list model,using a comparative study to summarise the relevant legislation of developed and developing countries in the international arena and to explore the advantages of the principle of pre-establishment national treatment and the need for it to meet the trend of investment liberalisation.Chapter two provides a historical overview of the development of China’s foreign investment legal system,which has been gradually enriched and improved.Using a historical approach,it explores the development and practice of China’s foreign investment legal system from the principle of post-entry national treatment to the principle of pre-establishment national treatment,and ultimately draws lessons from it and identifies shortcomings that still need improvement.The third chapter presents and analyses the legal problems that still exist in the development of the principle of pre-establishment national treatment for foreign investment in China.Through the study of relevant legal provisions and the practical experience of domestic and foreign legislation,it is found that the imperfect Security Review Measures for Foreign Investment cannot meet the international trend of increasing openness and the frequent updates of the negative list lead to the fact that China’s foreign investment legal system still suffers from the lack of a national security review mechanism guarantee,the negative list system is not perfect,and China’s security review mechanism under the negative list model is not well connected to it effectively.By analyzing these problems,we propose targeted measures to solve them.The fourth chapter is a proposal for the principle of pre-establishment national treatment for foreign investment in China.In response to the above problems,it is proposed to improve the initiation procedure of the national security review mechanism,the consultation procedure of the mitigation agreement system,further refine the wording and additional remedy procedures;to scientifically revise the negative list,pay attention to the risk of opening in specific areas and clarify specific provisions;to balance the two aspects of China’s security review to promote investment and maintain national security under the negative list model,and to expand the scope of China’s security review,etc.In addition,we will make suggestions and countermeasures to solve the problems,make a summary and outlook,and ultimately provide legal and regulatory safeguards for the implementation of the principle of pre-establishment national treatment.