The Setting Up Of National Security Review Authority Of America Compared With And For Reference To China

Following the development of our country’s economic, China become the important investment country in the world, at the same time, China also attracts the multinational corporations and institutional investors merge, acquire and takeover Chinese corporations. America is the headstream of foreign investment and national security review system, now it has established a mature national security review system which includes the president of America, the congress of America and CFIUS. Nevertheless, our country’s national security review system is at the stage of sprout. There are only two regulations stipulate the national security review system, however, the regulations’ legal effect is lower than law. In 2015, the ministry of commerce promulgated the Foreign Investment Law of the People’s Republic of China(Draft for Comment)(hereinafter refers to Draft). This Draft intends to formally establish and complete the national security review system in our country. The authority who implements the national security review process, and its internal function and power assignment has directly affect the result of national security review. In order to implement the national security review in a justice and efficiency way, and discover the problems in the system, this thesis will provide some suggestions to complete and promote the setting up of our country’s national security review authority by taking the advantages of the setting up of America national security review authority and basing on China’s national conditions.This thesis has three chapters as follows:Chapter one first expounds the position and function of America President, America Congress and CFIUS in the national security review process. The president of America is in charge of suspending or prohibiting any covered transaction. The America Congress is the supervisor of national security review. CFIUS is the examining authority. Then this thesis will discuss the advantages of America national security review. This advantages of the setting up of America national review authority includes stability and flexibility, deliberation and an internal and external supervision system. At the end of chapter one will point out its two disadvantages which are politicizing foreign investment and confidentiality concerns.Chapter two introduces the development of China’s national security review system. The Draft establishes the framework of our country’s national security review system. The second part is mainly introduce the position and function of joint conference and the competent department of foreign investment under the State Council. Finally, it will discuss two shortages of the member of joint conference.Chapter three is the most important chapter of this thesis. This chapter will compare the supervision authority, the position and function of examination authority, the enforcement authority of America with China’s. At the same time, this chapter will disclose the reason of the differences of the setting up of national review authority between China and America. Also, this chapter provides three suggestions to complete and improve the national security review system of our country. Finally, the last section will discuss the influence of BIT of China and America on the setting up of security review authority.