| The national security review system is the legal system of safeguarding national security arising from capital input and output.Since the contact between the countries of the world has become a "global village",the social,economic and cultural exchanges have become more frequent.All countries are also facing many national security issues in the introduction of foreign capital,such as political security,military security,economic security,cultural security,ecological security and so on,then the national security review system came into being.Many countries in the world have already set up a national security review system,to ensure the safety of the country and society,to create a good environment for foreign invest ment,so as to achieve a balanced development of national security and foreign investment.Since China’s reform and opening up to the world,and actively improve the status of China’s discourse power,not only to be a political power,but also to enhance t he international economic status.However,the current Chinese at a critical moment of social transformation,contact with foreign investors is inevitable,our development can not be behind closed doors,so to the rational use of foreign investment to promote the development of our society requires the national security review system strictly.The establishment of national security review system is very important for C hina’s transition period.This article embarks from our country’s national security review system,contacts the foreign national security review system,studies the foreign advanced system design,in order to improve our country’s national security review system.The first chapter is introduction.This paper mainly introduces the background and significance of the national security review system,and the national security review is inevitable in various countries.In addition,the research status at home and abroad is introduced.Many countries have set up national security review system,each country has its own characteristics of the system,while C hina’s national security review system has been instituted,but there is still much room for improvement,the national security review system needs to be improved.The second chapter of this paper is to explain the security review of foreign countries.First of all,we have a basic understanding of the national security review,the understanding of the word "national security" is very important,every country has different understanding of "national security",will have a national security review system in different countries and establish the concept of security is different,this paper analyzes the common understanding of "national security" thus,the national security review of the scope and content is easy to understand;secondly,introduces the national security review of the significance of our country.We study a system to improve.Through the analysis of the national security review,we combined with the basic situation of our country,understand the national security review of our country’s economy and society is very helpful.In the third chapter,the author reviews the legislation of the national security review of foreign investment in china.First,describes the evolution of national securit y review of foreign legislation in our country,from the foreign investment legislation,guiding foreign mergers and acquisitions three stages of national economic security review legislation and the Legislation Analysis on China’s national security review system;secondly,introduce the foreign investment law of China issued the latest draft,although the draft has many advances in place,whether it is the national security review system of the scope of the review,and review standards and review procedures are not perfect,but there are still aspects of decision-making mechanism,supervision mechanism and shortcomings.We look at the problem to be comprehensive,to avoid unilateralism,to specific analysis of specific issues,to promote the improvement of the security review system.In the fourth chapter,the author introduces the foreign legislation of foreign capital security review and Its Enlightenment to china.The development of the national security review system in developed countries is relatively perfect,focusing on the security review system of the United States,Canada and Australia.The United States national security review system,the system with the CFIUS as the center,in addition to congressional supervision and information disclosure system;Canada "investment-the national security review" double review mechanism,to set up a security review system from the specific content of investment;the national security review system and foreign policy of the Australian cooperation do national security review the.Our country has also obtained the Enlightenment from the three countries’ security review system.The fifth chapter of this paper introduces the suggestions of perfecting the legislation of foreign capital national security review.This paper puts forward three suggestions for the national security review system of our country.Firstly,it is the improvement of the security review authority and the allocation of authority.Secondly,the paper puts forward the decision-making mechanism to establish the security review system.The supervision mechanism of security review system to improve the healthy operation of the system is good and the implementation of the relevant organs of all cannot do without the supervision mechanism,but not the establishment of the national security review system of our country’s supervision mechanism,the proposal is for reference only,believe that the national security review system in C hina will be more and more perfect. |
