Legal Analysis On The Identification Criteria Of Foreign Investor

On March 15,2019,the Second Session of the 13 th National People's Congress voted to pass the Foreign Investment Law of the People's Republic of China,which will be in force on January 1,2020.As the most basic concept under the foreign investment law system,“foreign investors” has a major impact on the negative list management system,information reporting system,and national security review.China has long adopted the standard of registration,and it has caused many difficulties when applied.Foreign investors were not given any explanation in the new law,which will bring a series of uncertainties to the implementation.This makes it necessary to accurately identify foreign investors in subsequent supporting regulations.Based on the status quo of foreign investors in China,this paper analyzes the issues related to the identification of foreign investors,and believes that foreign investors should be identified by introducing actual control standard,and tries to propose a solution to the problem of control.Finally,China's specific applicable countermeasures were discussed.In addition to the introduction and conclusion,the article is divided into four parts: The first part introduces the legislative situation of foreign investment in China and the dilemma caused by the unidentified foreign investors.The second part analyzes the theoretical theory of the standard of identification and the application of other countries.The third part analyzes the consideration factors for establishing the criteria for foreign investors in China from both internal and external aspects.The fourth part draws the rationality of introducing actual control standard,sorts out the definition of "control" in China's current law,and gives specific legislative recommendations on control standard.Finally,the applicable countermeasures of the actual control are given for China.