A Study On The National Treatment In The Access Of Foreign Investment

National treatment was originally used in the field of international trade in goods,and later extended to the field of international investment.According to the theory of international investment,the foreign investment process is divided into two stages: admission of foreign investment(pre-establishment)stage and operation of foreign investment(post-establishment)stage.In international investment,the principle of national treatment is only limited to the post-establishment stage at the beginning,but in recent decades,economic globalization and international capital mobility require higher standards of foreign investment access,and with driven by the United States and other developed countries,the implementation of national Treatment is progressively advanced from the operation stage to the admission stage.The North American Free Trade Agreement,the Multilateral Investment Agreement and many of the bilateral investment agreements signed by the United States have introduced national treatment at the time of foreign investment access.China,which follows the international investment trends,is currently an important participant in the introduction of foreign investment and the output of domestic investment.In May 2013,China and the United States decided to start negotiations on bilateral investment agreements again,China accepted the national treatment on admission of foreign investment stage after several rounds of intense negotiations.And in September 2013,negative listing management mode was first pilot run in Shanghai free trade zone.In December 2015,the State Council approved the establishment of Guangdong,Tianjin,Fujian three free trade zones,the same day announced for Shanghai,Guangdong,Tianjin,Fujian,the four free trade area of the free trade area negative list(referred to as the free trade area 2015 Edition Negative list),which will have an important impact on our country foreign investment.But on the other hand,China is a developing country,the implementation of national treatment on foreign investment admission stage will have some problems : it will affect the state of foreign control,economic security,national security and domestic investors;Whether current foreign-related legislation of China can adapt to the development of national treatment in China at the stage of accession;Whether China has good solutions to the investment dispute arising from the national treatment of foreign investment.Focus on these problems,This article first analyzes the basic theory of national treatment and considers whether to apply national treatment at the access stage,then concluding that China needs to comply with international investment trends in the implementation of national treatment on the foreign access stage.This article then combines with the current international implementation of the national treatment on admission stage about international investment treaty law practice and foreign domestic law practice to analyze and summarize their role in the implementation of national treatment on admission stage in China.The last of this article analyzes of current situation about the admittance of foreign capital in China,and then puts forward relevant countermeasures and suggestions for the current situation of national treatment in China.