On The Challenges Of Foreign Investment To China's Economic Security And Its Legal Regulations

Under the background of economic globalization, with China is gradually integrate into WTO, in the trend of trade liberalization and investment liberalization, foreign investment is playing an important role towards promoting China's economic development and economic integration into the world economy. However, foreign investment is a double-edged sword, if foreign investment is lack of leading and regulating by good law and institution, it will be through the way of investing to control our country's industry, monopolize economic, affect the state's financial security, destroy the ecological environment of our country, hurt our country's economic sovereignty and even threaten national economic security. Under the background of risk society, we should take seriously to the challenge of foreign investment on China's economic security. Therefore, it is necessary to through improving the designing on the legal system of foreign investment to effectively defuse a variety of risks which are made by foreign investment. Based on this reason, this paper is through discussing the relation between foreign investment and national economic security and analyzing the advantages and disadvantages of foreign investment to national economic security, then to point out the problems of the law on regulating foreign investment and protecting national economic security, and in reference to the law system of the basis of mature countries, to put forward the proposal on perfecting our country's foreign investment legislation and safeguarding national economic security.This paper is divided into four parts. The first part is overview, based on the risk society perspective, discussing the relation between foreign investment and national economic security, analyzing the positive effect and negative effect of foreign investment to our country economy. The second part, this paper sets forth the present situation about our country's legislation of foreign investment and national economic security, analyze the achievements and shortcomings of our country current law in regulating foreign investment and safeguarding national economic security. The third part, this paper introduces the rule of law in developed countries such as America, England, Germany, and Japan about regulating foreign investment and safeguarding national economic sovereignty, and through the comparative analysis method, drawing lessons from their experience to perfect our country's foreign investment legislation. The last part, aiming at the current legislation of foreign investment and safeguarding national economic security, this paper puts forward some suggestions to perfect our foreign investment legislation and safeguarding national economic security, such as perfecting the foreign-funded anti-monopoly law system; perfecting the legislation of foreign investment of national security review system; perfecting economic legal system related to foreign investment; forming a unified matching laws and regulations.