Research On China's Foreign Investment Access System

Over the past 4 decades of reform and opening up,China's foreign investment access policy has successfully gone through the exploration and optimization,rapid development,iteration and active progress in various stages,and at the same time,the policy has also made great contributions to China's GDP development.There are almost no differences between the development process of the Access System for Foreign Investment and the evolution process of the foreign investment legislation in China.Based on the evolution of foreign investment policy,the revelations from developed countries and the combination of negative list and national investment rules,this paper expects to have a great venation of the Access System for Foreign Investment in China and provide personal insights into the problems.The first part is mainly a brief overview of the Access System for Foreign Investment.First,a detailed explanation for the foreign investment.Although the definitions of foreign investment vary from country to country,their essence is always the same.Secondly,Proceed from the principle of national economic sovereignty should be come first to clarify the investigation of Foreign Investment Access,and regarded as a logical starting point.This also constitutes the theoretical basis for foreign investment access.Then,the introduction of the Foreign Investment Law is inevitable,whether it is because of the China's rapid economic development,or the need for government to build a supporting legal system so as to complete the transformation of functions urgently.Finally,we can deeply understand the content of the Access System for Foreign Investment in the Foreign Investment Law by considering from the definition of foreign investment,"Pre-establishment National Treatment &negative list" model,the stipulation to National Security Review System for Foreign Investment.This part is mainly to lay the foundation for the analysis and research of the Access System for Foreign Investment.The second primarily focuses on the analysis of the improvement and deficiency of China's current Access System for Foreign Investment in the Foreign Investment Law.Currently,China's Access System for Foreign Investment is facing challenges such as the imbalanced investment industrial structure and irrational investment Structure,which will increase the gap between the backward and developed,leading to polarization.And in the long run,there are not beneficial to our country.Although China's current Access System for Foreign Investment has been optimized by the Foreign Investment Law,there are still some flaws.It can be concluded as the following : the unreasonable setting of the examination and approval authority,the excessively decentralized approval power of the legislative power,the lack of clear auditing standards,and the restrictions on foreign investment access of the “negative list”.This part plays a major role in laying the groundwork for the deep analysis of the foreign investment access and related issue.The third describes the enlightenment from extraterritorial Access System for Foreign Investment to China.Here takes the United States,South Korea,Japan,and India for example,which mainly mentioned the restriction of “negative list”,the settings of the examination and approval authority,the legislative power,and etc.Learning from the above countries' previous effective experience will have a great impact on China's legislation and reforms,which will play an important role in improving the relevant legal system in China.The fourth is principally some constructive suggestion based on the above analysis for the Access System for Foreign Investment in the Foreign Investment Law,which is on the basis of the unified foreign investment examination and approval institutions to ease the restrictions on access and strictly limit the power of examination and approval,and finally improve the relief mechanism for approval,enhance the investment environment,pay more attention to the security of the national economic,weaken the state intervention,and tend to guide the introduction of foreign investment.