The Study On National Treatment Of Foreign Investment

National treatment is a relative standard of the treatment of foreign investment in the field of international investment. It can ensure foreign investors enjoy an equal legal status with the host country investors, and also can ensure them compete fairly on the market with the host country investors. From the perspective of the development of national treatment, its field of application has expanded gradually, and this treatment has become one of core content of international investment law. Under the wave of investment liberalization, countries also increasingly reflect the national treatment in their domestic foreign investment laws and international investment treaties.In terms of scope and conditions of the implementation of national treatment, the developed countries and developing countries have different attitudes, and disagreements among them are highly obvious. But on the issue of national treatment of foreign investment, the general attitude of countries is more open. And for China, it has taken a reliable and gradual form of the implementation of national treatment. Namely, China gradually expands the opening scope and gradually reduces the constraints to the national treatment according to its basic national conditions. This measure has achieved better results in the implementation process, but some problems also appear at the same time. To grasp and study the new development of national treatment has a great significance to the related legislation of our country and our foreign investment policy.On the issue of national treatment, the paper is divided into five chapters for a detailed discussion:First of all, the first two chapters mainly introduce the basic theory of national treatment. Including the origin of national treatment, connotation and its applicable objects and scope. Through the basic theory, I try to solve some basic issues about national treatment, and also it helps me set the stage for the contents of the following sections.Secondly, the third chapter makes a comparison between the national treatment and other treatments of foreign investment. Through this comparative analysis, we will have a clear understanding of the relationship between national treatment and other treatments of foreign investment, also the connotation of national treatment will become more specific and clear.Thirdly, the fourth chapter is about the legislation of national treatment. The content of this part is rich, which includes the analysis of related domestic legislation and international legislation, besides, it also discusses the latest developments of national treatment at home and abroad.Finally, the fifth chapter, namely, the last part is about the analysis of national treatment of foreign investment in current China. This part incorporates the current legislative practice in our country, and gives some specific suggestions to the problems of national treatment in China.