Research On National Security Review System For Foreign Investment

The announcement of Law on the Foreign Investment(Draft)stands out as a notable landmark in the progress of China's Foreign Investment legislation system.It is proper for China intend to establish the national security review system as China introduces negative list into pre-market access national treatment related to foreign investment.First of all this paper introduces the theory background of the national security review of foreign investment and legal source and the necessity of constructing the national security review system of foreign investment.Then compare Draft and Tentative Measures of National Security Review System of China Free Trade Zone with existing laws to point out the progress and limitations of them.Secondly,this paper introduces the system of the world's major countries in the national security review of foreign investment legislation and judicial practice.Finally,in the fourth chapter,aiming at the limitations of the second chapter,with outstanding experience of third chapter for reference,legislative proposals are raised both on substantial and procedural aspects,such as clear the standard of "control" and "foreign investor",structure the joint-conference and supervising organ.At the same time,the management authority of the free trade area should be given certain of suggestion right which is benefit for the construction of the national security review of foreign investment.