The Choice Of China's Bilateral Investment Access Model Under The "B&R"

At present,there are two European and American investment access models.The main difference between the two is that the European model represented by Germany focuses on the protection of the interests of the host country.The foreign investment access rights are completely dependent on the provisions of the host country's domestic laws,and the national treatment after the entry of foreign capital is implemented.The settlement of disputes depends on the state-to-state mechanism;The American model represented by the United States focuses on protecting the interests of the home country,adopting the principle of “free access,restricting access as an exception”,implementing pre-entry national treatment for foreign capital,and introducing investor-to-state mechanisms for dispute settlement.China now adopts the European model,which is embodied in the Foreign Investment Industry Guidance Catalogue and the bilaterally signed bilateral investment treaty.This is determined by China's long-term position as a capital importer since the reform and opening up.Since 2015,China has changed from a major investment importing country to a dual identity with both importing and exporting countries.China's role in international investment has undergone major changes.Under the “One Belt and One Road” initiative,the scale of China's foreign investment will continue to expand.At the domestic level,in order to meet the need to further expand openness,promote reform through openness,and promote development through reform;at the international level,in order to prevent China's foreign investment It is necessary for the relevant countries to establish access barriers based on the principle of "reciprocity reciprocity".It is necessary for China to adopt the principle of "relaxing access and balancing interests" as the orientation and adjustment mode in order to realize the maximization of China's interests.Adjustments to the current model may result in declining competitiveness of some domestic industries,threats to alienating foreign jurisdiction over the country's core security,and adverse effects such as conflicts with domestic industrial policies and signed bilateral investment agreements.In order to minimize the impact,China should give full play to the superiority of the socialist system with Chinese characteristics,adhere to the industrial orientation,learn from the American investment access model,focus on unified resolution of investment disputes,and explore the "2+1" comprehensive model with Chinese characteristics.The mode of investment access is the “pre-access national treatment plus the negative list plus country-to-country dispute settlement mechanism”.The implementation path of the “2+1” model is: First,comprehensively review China's industries,implement the national management model for pre-entry national treatment and negative list,and relax market access;second,change China's “re-approval,The “light management” foreign investment management system strengthens the supervision and guidance of the foreign-invested enterprises' production and business operations,shifts the management focus from the previous market access to the market supervision after the access;third,the introduction of major national security exceptions Give China's national security review agencies the right to judge "major security" on their own;Fourth,first to cancel the right of investors to file investment disputes with the country,and retain only the national and national dispute settlement mechanisms;fifth,set out the general exception clauses.,Coordinate the interests of investors and host countries;Sixth,formulate a model text of the bilateral investment protection agreement.