Study On The Standard Of Security Examination Of Foreign Capital Admittance In China

In order to alleviate the impact of the financial crisis on economic development,many countries have accelerated the pace of introducing foreign capital.Capital transnational,instead of goods,has become main power of world's economic development.However,foreign capital is a double-edged sword.The foreign capital bring the progress of economic and technological and labor employment increase,it also have some negative effects especially in national security issues.In order to promote foreign investment in the positive way,most countries have increased the national security review standards,strengthening the foreign market access to the national security review.China comprehensively revised and promulgated the National Security Law of the People's Republic of China in 2015,and issued a draft of this law.More details of the national security review on foreign investment have specifically regulated,huge breakthrough have made by compare with previous national security review standards.However,national security issues are complex under the conditions of economic globalization and the internet information.The National Security Law still has defects in the national security review standards.The Draft as a national security review standards in foreign investment,there are some inconsistencies by comparing with the National Security Law.Somehow,China's national security review standards still have long distance with the developed countries.All of which will inevitably lead to China's foreign investment in the national security review exist some loopholes.Therefore,it is necessary to adopt comparative method,empirical analysis and other methods to impel the national security review standards in China.In order to formulate a reasonable and scientific standard for national security review of foreign investment,at first,we must correct the guiding ideology of foreign investment legislation.The national security should be in the first palace,and then,the foreign investment.National security is premise of foreign investment.Otherwise,foreign investment that affects or even undermines national security is better kept out of doors.Legislators often worry about setting more comprehensive and strict national security review criteria for foreign investment will seriously affect the implementation of China's opening up strategy,which greatly limits the foreign investors to invest in China,in fact,this is completely not necessary.China's investment environment is getting better and better,china have the most superior investment environment in the world.At the same time,strengthening the national security review of foreign investment is not only consistent with the common practice of countries,but also conducive to those foreign investors who insist "mutual benefit" for purpose to invest and develop.Only when the national security review of foreign investment standards develop to a reasonable level can make China's political,economic,cultural and other aspects have stable and lasting development.Thus promoting the healthy development of China's opening to the outside world,attracting more foreign investment and speeding up the healthy,efficient and rapid development of China's economy.China should adopt the legislative model of "summary and enumeration" on national security review standard,that is,on the one hand,make definition for "national security",on the other hand also list the factors that affect or threaten "national security".In addition,the principle of flexibility in the design of national security review standards should be established when perfecting foreign investment legislation.We can refer the national security review standards of United States and Canada in the reasonable content.Safety review criteria should set goal-oriented,flexible and free as the principle of local conditions,in the development of standards should be based on the results-oriented,the degree of influence factors,giving the national security reviewers greater discretion and flexibility to prevent legislative omissions leading to negative.Reinforcement the coordination between the Draft and the National Security Law on national security review criteria for foreign investment,and try to enrich and improve the national security review of foreign investment standards.Such as political security,economic security,employment security,environmental security,cultural security,financial security,network security,information security,resource security.health and safety,national industrial safety,scientific and technological innovation safety,maritime safety,homeland security,sky security,and so should be included in the national security review standards.In this issue,the standard should be broad,numerous and meticulous.In addition,we should improve the quality of legislators and legislative techniques,pay attention to the relevant laws and regulations and the convergence of policies,pay attention to international treaties and foreign law and policy convergence.