Reconstruction On The National Security Review Institution For Foreign Investment Under The Overall National Security Concept

In recent years,China has continuously expanded its degree of opening to the outside world,loosening market access,and attracted a large number of foreign investment into the Chinese market.At the same time,it also poses new challenges to the maintenance of China's political security,economic security,and cultural security.The national security review agency for foreign investment is the main body for the implementation of the national security review mission,whose scientific setting is not only an important condition for our vigorous implementation of the policy for encouraging foreign investment,but also an indispensable requirement for our implementation of the overall national security concept.Judging from the current laws,the legal basis for China's national security review system about foreign investment is mainly departmental regulations and normative documents.Its legislative level is too low,which affects the legality and standardization of the establishment and function execution of the audit institution.We believe that the Standing Committee of the National People's Congress should issue special law to stipulate the national security censorship system for foreign investment.From the current perspective,the most ideal and cost-effective solution is to facilitate the "Foreign Investment Law(Draft for Comments)" entry into deliberation procedures of the Standing Committee of the National People's Congress at an early date.An unified"Foreign Investment Law" shall be enacted by the legislature as soon as possible so as to ensure that the national security review institutions of foreign investment is able to follow the principle of setting in accordance with the law.The conveners of national security review mechanism for foreign investment in China are the National Development and Reform Commission and the Ministry of Commerce,and members of other departments are not clear,which not only reduces the efficiency of the main body to carry out national security review activities,but also does not meet the requirements of the overall national security concept in the new era.In the overall national security concept put forward by the General Secretary of Xi,political security is fundamental,but the main responsibilities of the National Development and Reform Commission and the Ministry of Commerce are concentrated in the economic field.The Ministry of National Defense and the Ministry of National Security,which are closely related to political security,may not necessarily become public security agencies,which is not conducive to maximizing the protection of national security.Therefore,we must reconstruct the security review body and increase the Ministry of National Defense and the Ministry of National Security as its permanent members.In addition,energy security,science and technology security,information security,homeland security and ecological security are all sensitive to the national security system,and the risks of threatening the aforementioned types about security in foreign investment activities are high,so the Ministry of Finance,the National Energy Administration,the Department of Foreign Affairs,the Ministry of Science and Technology,the Institution of Industry and Information Technology,the Department of Natural Resources,the Ministry of Ecological Environment,the Institution of Culture and Tourism,and the Ministry of Human Resources and Social Security should all become permanent members of this organization to participate in national security review activities.The law should also allow the convener to invite other relevant departments to join according to specific circumstances,so as to improve the flexibility and adaptability of foreign investment national security review agency.The various departments of national security review agency for foreign investment in our country have unclear division on authority and responsibilities.The current legal documents only provide a cursory description of the functions for the organization as a whole.As for what role each department plays in the security review process and what duties it performs are not covered.This may not only bring about the consequences of the department's right to fight or evade responsibilities,but also is not conducive to implementing the concept of procedural justice.Therefore,when reconstructing the national security review institution for foreign investment,we must ensure that the division of common functions and powers clearly between the National Development and Reform Commission and the Ministry of Commerce which are collectively referred to as convening units,and we must also ensure that the division of responsibilities among other relevant departments is clear and specific,so that each kind of responsibility has an execution body and a responsibility subject.