Research On The Legislation Of Foreign Investment Admission System In China

The original intention of investment liberalism is to introduce foreign capital and promote both investors and host countries to win a win-win situation,but it has gradually become a tool for investors to harm the host country’s sovereignty.Investment liberalism has entered the "freezing period",and the rise of state regulation and regulation has attracted the entry of "two track" mode of "balanced development of investor interest protection" and "state regulation system" to achieve sustainable development of investment relations.Our country in the legislation is in hindsight,but also to seize the investment in reform of the train tail,the Ministry of Commerce on January 2015 published the "people’s Republic of China Foreign Investment Law(Draft)"(hereinafter referred to as foreign law draft),shows that China take the "dual track" determination in the future investment reform in recent years,from the legislative point of view,is moving in this direction.2018 is the spirit of the party’s nineteen at the beginning of the year,the 40 th anniversary is the reform and opening up,China will continue to promote the development and opening up the concept of national treatment before admission + negative list system to achieve domestic foreign legislative effect and consistent,unified foreign investment legislation is the key,which relies on the foreign investment law of landing.In the past three foreign investment legislation in the provisions of the content is rough,outdated and conflict with each other,resulting in our lack of solid experience in unifying the foreign investment law,foreign investment law draft text originated from bilateral or multilateral agreements between developed countries,the lack of local characteristics,the future still need theory and practice constantly,to enrich the experience of torture,rich and solid ground.This article is launched in this context.In the process of writing,this paper mainly uses literature research,comparative analysis,theoretical research and other research methods.First,from the three aspects of the summary,function and significance of foreign investment access system and the background and main contents of the draft of our foreign capital law,the author analyzes the theoretical basis of foreign investment access system,laying the foundation for later research.Secondly,it introduces China’s current foreign investment system,the definition,from the investment of foreign capital management model,national security review in detail from three aspects: the reconstruction of the draft law of the foreign foreign investment access system,on this basis from the clear definition of foreign capital scale,foreign innovation management model,serves as the three aspects of the national security review system introduced highlight of our foreign investment law draft,followed by the analysis of the possible problems in the draft: the foreign investment department and many of the existing VIE architecture is opaque,how to deal with the regulations and antitrust review and national security review,convergence is not enough the lack of supervision of the security review mechanism.Thirdly,we use comparative research method to make a brief analysis of the foreign investment access legislation practice in two countries,including the NAFTA and CETA agreements in the United States and India,and compare their similarities and differences.Finally,on the basis of previous studies,the paper puts forward suggestions for improving the admittance system of foreign capital law: first,unified foreign investment management department;second,further clarify the scope of foreign investment access;third,improve the regulation system of foreign investment.