Research On Investors’ Relief Rights In The National Security Review System For Foreign Investment

Since the reform and opening up,China’s foreign economic and trade volume has increased year by year,and the state has also begun to pay attention to the rights of foreign investors in China’s investment field and the normative issues of investment.In order to protect the country’s political and economic interests from foreign investment,a certain state organ is specially authorized to conduct a security review of foreign investment that may endanger or threaten China’s national security,and when necessary,it can restrict the entry of foreign investment,thereby protecting China’s security,which is an important embodiment of national sovereignty.On March 15,2019,China officially promulgated and implemented the Foreign Investment Law of the People’s Republic of China(hereinafter referred to as the "Foreign Investment Law"),Article 35 of the Law clearly stipulates that "the State shall establish a foreign investment security review system",and the supporting institutional documents"Regulations for the Implementation of the Foreign Investment Law"(officially promulgated on December 26,2019)and "Measures for Reporting Foreign Investment Information"(promulgated on December 30,2019)also came into effect.At the same time,the Law of the People’s Republic of China on Foreign-Funded Enterprises,the Law of the People’s Republic of China on Sino-Foreign Joint Ventures and the Law of the People’s Republic of China on Sino-Foreign Joint Ventures(hereinafter collectively referred to as the "Three Laws on Foreign Investment")are abolished simultaneously and no longer apply.Compared with the period of the three laws on foreign investment,certain progress and improvement have been made in terms of rights protection and procedural norms,but in terms of application in practice,there are still problems such as insufficient refinement of provisions and gaps in relief systems and supervision mechanisms.This paper is developed sequentially under the framework of "theoretical basis+model research".The author first systematically sorts out the relevant theories of the national security review system for foreign investment and the protection of investors’relief rights.Starting from the legislative system of China’s foreign investment national security review system,the necessity of the existence of the security review system and the necessity of the remedy rights of foreign investors are discussed.Secondly,the current situation and existing problems of investor rights remedies in China’s national security review system for foreign investment were discussed.Sort out and summarize the rights of foreign investors in China’s existing laws and supporting regulations;At the same time,starting from the current situation of foreign investors’ relief,this paper comprehensively analyzes the problems existing in investor relief in China’s security review system.Thirdly,the relief path of foreign investors is explored through comparative analysis.It is mainly divided into two levels:first,at the national level,the practice of investor relief is analyzed,and the relief paths of foreign investors under different models are analyzed in combination with the typical judicial review models of foreign investment security review and existing cases in various countries.The second is to analyze the feasibility of relief routes for foreign investors from an international perspective,including the WTO dispute settlement mechanism and the international investment arbitration settlement mechanism.Finally,focusing on the improvement measures of China’s domestic and foreign information security review mechanisms,the author puts forward his own views on the improvement of China’s foreign investment security review system based on the actual situation of China and the current situation of domestic economic development.This includes clarifying the judicial remedy rights of foreign investors,giving play to the role of security review clauses in investment agreements,clarifying the review standards for China’s foreign investment national security review,and establishing a foreign investment security review supervision mechanism in China.