Comparison Of China-US National Security Review System For Foreign Investment

In the context of economic globalization,international economic exchanges have become more frequent.As the opening up to the outside world deepens,a large amount of foreign capital flows into China.While promoting economic development,it is also accompanied by political,economic,and cultural penetration,which has brought many national security risks.Therefore,the national security review of foreign investment must be strengthened to ensure national security and maintain sustainable economic development.However,the construction of China's foreign investment national security review system is still in its infancy,and there are many problems.As one of the earliest countries to establish a national security review system for foreign investment,the United States has a good foreign security national security review legal system,review enforcement agency,and supervision mechanism.So,it is necessary to study the U.S.foreign investment national security review system and learn its advanced experience.Through comparison,it is found that there are many differences in the legislative model,review institution,review scope and standards,and review procedures of the national security review system for foreign investment between China and the United States.The national security review of foreign investment in the United States belongs to a special legislative model,while China belongs to a mixed legislative model.Under the mixed legislation model,China's foreign investment national security review system lacks special legislation,the legal level is low,and the relevant laws,administrative regulations,and rules cannot be connected.It is possible to draw on the experience of the special legislative model in the United States and establish a special "Foreign Investment and National Security Law" to establish the basic framework of the foreign investment national security review system in the form of a basic law.Make clear provisions on the review agency,review scope and standards,review procedures and other elements to ensure the integrity of the legal system.In terms of review institutions,the internal and external division of labor of the review institutions in the United States is clear,and each has its own duties.China's executive and decision-making bodies are integrated,lacking a supervisory body,and have a relatively simple structure and unclear internal division of labor.The International Investment Commission may be established as a special review agency.Establish a chairman within the committee to coordinate the overall situation.The Ministry of Public Security,the Ministry of Finance,the Ministry of Science and Technology and many other departments related to national security are set as regular committee departments to meet the review needs brought about by the changes in the national security system in the new era.The chairman of the committee will designate a professional department as the lead agency as necessary to improve the scientific nature of the review.In this way,an efficient review institution with a unified external and orderly work is formed.In terms of review scope and standards,the US review scope is broad and specific,and the review standards are strict.The scope of China's review is narrow and the standards are loose.The safety of citizens 'sensitive information,environmental safety,food safety and labor safety may be included in the areas covered by the review.Add a pocket clause to make the review broadly cover all factors that affect national security.At the same time,we will further explain the individual fields,for example,interpret key technologies as related technologies such as network,high-speed rail,navigation,mobile payment,etc.,to provide clearer references for the review work.Standards should also be strictly reviewed,and methods such as executives,directors,agreements,or other arrangements can be added as criteria for determining foreign companies 'substantive control of domestic enterprises.In terms of review procedures,the United States has a simplified filing procedure,a filing consultation procedure,a flexible mitigation procedure,and a review result monitoring procedure.China's review process is relatively simple,lacking flexibility and supervision procedures.A simple declaration procedure can be set up to divert cases and reduce the pressure on examination.A pre-examination pre-communication procedure can be set up to enhance the understanding between the examining party and the declaring party and improve the examination efficiency.Flexible mitigation procedures should be set up to strike a balance between national security and foreign investment.It is also necessary to set up procedures for the disclosure of examination work reports to promote the cautious examination of examination institutions.