Research On The National Treatment System Before Investment Access

National treatment before admission has become a new trend in the development of international investment rules, as of July 2014, at least 77 countries has adopted national treatment before admission system in the world. At present, China is both capital input power and capital output power, and has become a net exporter of capital. But Chinese legal system has failed to the relevant adjustment in time, it is difficult to adapt to new changes in the field of development of international investment. Already has a net capital exporter status of China, can no longer blindly emphasis on protecting the interests of the host country, to the exclusion of national treatment before admission. China should face up to the world trend of investment liberalization, and gradually accept national treatment before admission system, which is important for the promotion of China's economic development. January 19,2015 the Ministry of Commerce officially announced the " People's Republic of China Foreign Investment Law (Draft)" (hereinafter referred to as the draft), the relevant provisions of the "draft" shows that China has begun to implement pre-admission national treatment system, which for our entire foreign access even for foreign legal system is a major breakthrough. This paper mainly through comparative study of foreign practices about national treatment before admission, and explore the latest development trends in national treatment before admission system, combine theory with practice of national treatment before admission in China, make Comments and suggestions on the "draft" to improve further proposed.This paper is divided into four parts. The first part of the basic theory of the system of national treatment before admission to study, reveal the connotation, changes and development of national treatment before admission system. The second part analyzes the international practice of national treatment before admission system, through the elaboration of American and India in the implementation of national treatment before admission to the legal aspects of the domestic legislation and American bilateral investment treaties, the North American Free Trade Agreement, bilateral, regional and global MAI legislation practice, focuses on the analysis of national treatment before admission practices in different occasions, In order to our foreign investment legislation can be reference. The third part introduces the theory and practice of national treatment before admission in China, analyzes the implementation of national treatment before admission to the pros and cons of China, China's legal status, attitude and position as well as the practical experience of FTZ in Shanghai. The fourth part is the "draft" of our country is introduced assessment, discusses this draft on China impact and significance of implementing national treatment before admission, and put forward some suggestions for this draft, and in order to perfect the draft, while the implementation of China's national treatment before admission to international legal system perfecting suggestions were put forward.The main research methods are comparative analysis method and empirical analysis method, historical method.