Research On The China’s National Security Review Procedures For Foreign Investment

National security is a necessary prerequisite for a country to maintain long-term and stable development.The national security review system for foreign investment can help a government balance the relationship between attracting foreign investment and protecting national security.The national security review for foreign investment works carried out formally,which is marked by the initiation of national security review procedures for foreign investment.Thus the national security review of foreign investment should be carried out according to law.The foreign investment national security review procedure is not only the beginning of a country’s foreign investment national security review,but also related to the whole process of foreign investment national security review.Procedural regulations can help substantive regulations increase transparency and fairness.The procedural rules of the national security review of foreign investment are the procedural norms of the national security review system of foreign investment,which need to have exact and specific provisions.Article 35 of China’s2020 Foreign Investment Law makes vague provisions on national security review,which is obviously not enough to meet the practical needs.The Security Review Measures for Foreign Investment in 2021,in addition to expanding the scope of the subject of the review proposal,it also adding the consultation procedure before the state review and further refining the rules of the state security review procedure for foreign investment in comparison with the Notice on the Establishment of a Security Review System for Foreign Investors’ Mergers and Acquisitions of Domestic Enterprises in 2011.However,its advanced,scientific and perfect degree still needs to be improved.The procedure rules of national security review of foreign investment of developed countries such as the United States,Canada and Germany,which have new developments in the field of national security review system of foreign investment,are comparatively studied.In view of the problems existing in the procedure rules of national security review of our country,such as incomplete setting of the declaration procedure,lack of supervision procedure,absence of relief procedure rules of illegal security review procedure,on the basis of learning from the relevant legislative experience of other countries and combining with actual national conditions and the needs of future development,we can further improve our national security review procedure rules.For example,adding simple declaration procedure,set up supervision procedure rules and establishing relief procedure rules for illegal security and audit procedures,and constructing information linkage mechanism and other related supporting legal systems,so as to achieve the balance between introducing foreign capital and maintaining national security,which can also safeguard our national security and national interests.