On Research On The Issues Of National Treatment To Foreign Investment

National treatment was originally a kind of foreign citizen’s treatment standards, meaning the foreigners should enjoy rights and bear obligations equally with the citizens. National treatment principle began to enter the field of international economic law as the principle of international trade law and gradually became the international investment law norms of international society along with the continuous development of international economic exchanges.In the field of international investment law, disputes over national treatment mainly reflect in two aspects. First of all, for the connotation of national treatment, the viewpoint is that treatment of foreign investors should be "no less favorable than" or "as the favorable as" with the treatment that citizens enjoy. In practice, the "no less favorable than" standard is used more mainly due to the active propel of the developed countries, namely the capital exporting countries and this is because the higher treatment they take in the host country, the more benefits their own capital will get. Second, the main dispute about the extension of the national treatment is whether foreign investment should be given the national treatment in access stage. Access stage as an exception of national treatment to foreign investment is accepted by the international society, but with the development of international economy, it is ruled to bring in the national treatment to access stage the international investment treaties, which is represented by American BIT treaty, such as in "the north American free trade agreement" and "the multilateral investment agreement" by the organization for economic cooperation. Developed countries also use its dominant position to promote the application of the high standard of national treatment.The huge distance between the economic development of developing countries and developed countries block the extension of such national treatment in so high standard, which can be presented by the failure of the negotiation in "the multilateral investment agreement negotiations" by OECD. From national treatment to foreign investment implemented by the countries, the conclusion can be drawn that with the development of economic globalization, the liberalization of investment and comprehensive national treatment to foreign supermarket is a trend, but the implementation process must be gradual and the developing countries should protect its economic sovereignty by their actual level of economic development, the actual need of opening to the outside as well as using exception clauses, but the standard of the national treatment foreign investments enjoying in the country; On the other hand, the developed countries should not only emphasize to improve the standard of national treatment to meet their overseas investment interests, but also consider the actual development level of developing countries.Since1978foreign open policy, our country in attracting and using foreign capital has achieved a great success and it also plays a very important role. But for a long time, scholars believe that there are many problems in China’s foreign policy, especially extruded by the co-existing of "super national treatment" and "national treatment" problems. Although for entering into the WTO, foreign investment legislation of our country conducted a wide range of changes, but still not enough perfect and there are still many problems so our country should still revise and perfect the foreign legislation.This paper is divided into four parts:the first part introduces the basic theories about the national treatment, analyses and judges the principle of national treatment for foreign controversy in the theoretical circle; The second part is about the national treatment in international investment agreements and the application in practice; The third part is about the current situations of the implementation of national treatment to foreign investment in our country and the existing problems; The fourth part is about the thinking of perfecting the implementation of national treatment to foreign investment.