Research On The Non-justiciability Mode Of Foreign Investment National Security Review

International investment liberalization has made capital flows between countries very frequent.When a large amount of foreign capital flows into the host country,it stimulates the economic development of the host country and may also bring threats or hidden dangers to the national security of the host country.Therefore,the national security review of foreign investment to maintain national security is almost a challenge faced by every country.Judging from the current legislative practice in the world,some countries pass legislation to make clear that the decision of national security review is not subject to judicial review,while other countries regard security review as an act such as a specific administrative act,and may proceed with litigation.Existing laws show that there are justiciability and non-justiciability modes for foreign investment national security reviews.Due to the influence of theoretical factors such as national sovereignty and political issues,the innovation of modern judicial concepts,the pursuit of value for its coordination and review efficiency,and the consideration of greater protection of national security,the non-justiciability mode of foreign investment national security review has its certain legitimacy.However,under the non-justiciability mode of national security review,there may be many drawbacks.The foreign investment national security review should be maintained properly,and cannot be easily reduced to political command tools and excuses to affect the host country's investment ecological environment.Under the background of globalization,fully compare the justiciability and non-justiciability mode of foreign investment nationalsecurity review,mainly select France,Germany,the European Union,the United States,Canada,Australia,etc.to investigate and analyze their relevant legislation and judicial practice,respective characteristics,reasons,pros and cons.Improving the non-justiciability mode of national security review for foreign investment.Measures such as strengthening review principles,improving review power allocation,and supplementing review procedure specifications should be adopted.Therefore,the level of utilization of foreign capital can be improved under the premise of effectively guaranteeing national security.