Research On The National Security Review System Of The United States

The National Security Review System focuses on reviewing the aim of foreign investment.The purpose of the systemis to examine whether the aim of foreign investment threatens the national security of the host country.However,with the development of economy,this system has gradually evolved into a tool of the government to realize trade protectionism,a great deal of abuse existed simultaneously.At present,the United States has proposed a new reform scheme for the National Security Review System of foreign investment.As a result,the scope of the review has a tendency to expand,and the security factors which needed to be examined have a tendency to increase.As foreign investment,its process of entering the United States is bound to be further hindered.In such background,Does the court can supervise the national security review through judicial review and protect the interests of investors has become the most concerned issue for investors.The happened of the Ralls case provides good material for this paper,because it is a typical case in which investors safeguard their rights with the help of judicial review.This article mainly uses the Typical Case Analysis method;on the basis of introducing the National Security Review System of the United States;through the analysis of the Ralls case;Expressing differing views on the “non-judicial review” provisions of the Foreign Investment andNational Security Act,furthermore,clarifying the significance of judicial review system to national security review and foreign investors.In addition to the “introduction”,the article consists of three parts.The main structure are as follows:The first part mainly discusses The evolution history,main contents and procedures of the us national security review system of the United States.The second part based on the the Ralls case,analyzing the reason why the case can still obtain judicial review in the context of“non-judicial review ”from the perspective of the court and the parties concerned,it also describes the way in which U.S.courts have dealt with other laws that have similar provisions for “non-judicial review”.The third part mainly discusses the enlightenment of the Ralls case to Chinese enterprises in the face of the increasingly strict national security review system.