Study On Standard Of Foreign Investors' Controlling

Although foreign investment can promote the economic development of China,but at the same time,it may lead to the threat of foreign control.At present,many important industries in China have been in foreign control,Of the five largest elevator industry are foreign holdings,and more than 80%of the total output In the rubber industry are the foreign holding capacity;more than two-thirds of total 80%of the large supermarkets are also foreign companies.The cause of such serious consequences is that lawmakers and academics are lack of understanding of foreign controlling,and foreign investors use the defects of legislation to achieve their best interests gradually in control,endangering China's national security.China's Draft Foreign Investment put "control" as an important concept,also to guard against foreign capital control,but there are still some shortcomings.Therefore,through the consult and the related laws and regulations,combined with the practice of foreign investment in our country in the new period and draw lessons from some of the major countries of the legislation,to discuss our country foreign capital control standard legislation by the improvement of the existing problems and corresponding measures.So we can prevent the use of foreign capital into foreign capital utilization,and to protect our national security,to promote national economic development.We should detailed the content of the control standard.On the one hand,the control standard for ownership,"equity" should be regulated,the connotation of the concept of"significant impact"."Equity" should be indicated does not include preferred shares,and make clear explanation to the connotation of the voting rights,fuzzy expression used to refer to a "significant impact" should be detailed explanation,to facilitate review by the competent authority,and conducive to investors themselves make predictions for their actions.Control standard on the other hand,for the ownership of the "decisive" should also be extended explanation,and need to be specifically listed the ownership control in common case,and by increasing the principle rules or out terms to lawmakers did not consider the situation.We shall specify the rights and interests of investors of calculation based on the principles of control for identity.The complexity of international investment,equity structure and dispersion,will lead to many investors,in order to guard against national security risk,is calculated using identity control principle should be clear the rights and interests of investors,the foreign investors and Chinese investors the overall concept of identity as a judgment.,after all,Chinese and foreign different from control in the hands of investors in China,specific to which Chinese investors are not important,but once control fall into to foreign investors,even if it is behind the foreign governments in control,that the entire national security threats.Between different controlling standard should stipulate the applicable order.In control standards for three different conditions of order,as long as foreign investors could be used in the early to meet any cognizance conditions shall constitute a judging principle of the control,according to the specific legal practice of the late adjustment,facilitates accurately determined by the competent authority of the actual control of people,can also be stepping up efforts in supervising the control of foreign investors to realize after.We should set up a joint institution to as the competent authority.Although the draft has made the competent department of foreign in charge of foreign investment management,but did not mention the specific composition of the competent department of the situation.Therefore,need to explicitly set by the competent department of foreign investment in China as one of the departments to take the lead and other relevant departments participate in coordination mechanism,and pay special attention to the various departments of the division of authority,and responsibility to perform supervision and management,prevent duties overlap or abuse of power.