Study On The National Security Review Rules Of China's FDI

In 2015, China's economic development has achieved a double growth in inward foreign investment and outward foreign investment. In fact, in the rapid development of economic globalization and economic crisis depth recovery opportunities and challenges, China has become one of the capital input and output country. The dual identity of investment in the host country and the home country put forward a severe challenge for our foreign investment legislative reform. The BIT negotiations between China and the United States is still in process, the reform of our foreign investment law also is still in progress. Among them, the Ministry of Commerce clearly stated that foreign national security review system being incorporated into the law of foreign investment and further improved is one of the principles of drafting the "the people's Republic of China for Foreign Investment Law(Draft)". This paper aims to study the basic legal provisions of the foreign direct investment national security review system, in order to improve the design of the system of legal rules.This paper consists of three parts: the introduction, the body and the conclusion.In the introduction part, through the analysis of the present situation of the domestic and foreign review system in China and abroad, this part summarizes the consensus of the system in the design of the rules and some controversial issues.The main body includes five parts.The first part, from the perspective of the definition of national security review of foreign direct investment, by analyzing the legislation of national security review of the nature of the administrative licensing, summarizes the general rules for design of national security review system, and through the discussion of the existing national security review of legislation system and three different legislation theories, combining the legislation history of our national security review, concludes the choice our country should make. The two, three, four-part focus on the review of national security specification, mainly the United States(including, but not limited to, "the State Council on the establishment of a foreign investor acquires a domestic enterprise security censorship notice", "People's Republic of China Foreign Investment Law(Draft) ", " free trade test area of national security review of foreign investment in the pilot scheme ", " foreign investment and national security Act of 2007 "), respectively, compares and analyzes \ "scope of review\" clause, \ "review content\" clause and clause \ "review process\" of Foreign direct Investment in National Security review.This paper reflects problem in designing the National Security review system in our country, and actively explore foreign offset and innovation of the existing rules. The fifth part of the body portion, respectively, for the first four issues identified, proposed for special legislation, a clear scope of the review, set carefully review security factors, the balance of power allocation. The last part summarized the main content of this article, once again stressed the conclusion of this study and analysis of the insufficiency in research, in order to produce further improvement.