The Current Situation, Deficiencies And Improvement Of My Country's Foreign Investment Security Review System

With the development of economic globalization,China's foreign capital inflows have gradually increased,and foreign capital plays an increasingly important role in China's economic development.Comprehensive implementation of deepening reforms to create a better investment environment requires not only a high degree of investment liberalization,but also the establishment of a comprehensive foreign investment national security review system(hereinafter referred to as the "foreign investment security review system")as a "barrier" to protect China's own industry.But today,with the increasingly complex global trading environment,the foreign investment security review system is constantly being updated.Driven by the rise of trade protectionism,many countries have revised relevant regulations,continuously expanded the scope of investment in security review,and made the review of foreign investment more stringent.This makes the overseas investment of Chinese enterprises,especially central enterprises,face unprecedented challenges.Therefore,it is necessary to upgrade and improve our national foreign investment security review system as soon as possible.It is important to create a good economic environment internally and form the necessary deterrent to the outside world.Through the clarification of the relevant concepts of the foreign investment security review system theory,such as foreign investors,foreign investment,national security,and the sorting out of the development of the foreign investment security review system,it can be seen that various countries are increasingly paying attention to the foreign investment security review system.Through constant legislation or revision of existing laws,China has achieved a balance between national security and investment opening.China's foreign investment security review system has gone through three processes,which is from zero to one,from attachment to independence and from one-sided to comprehensive.At present,with the formal implementation of the<Foreign Investment Law>,a corresponding system environment has been formed,but the specific provisions are still slightly rough.The main problem is that the legal level of the foreign investment security review system is low;The review subject is ambiguous and there is no clear decision-making mechanism;The review standards have not kept pace with the times.And in the procedure of national security review,the start-up regulations of the procedure are too simple,and there is a lack of pre-application negotiation procedures.The review decision is made without a mitigation measure,and the decision is the final decision,and there is no relief mechanism.A complete foreign investment security review system is an important guarantee for increasing the level of foreign investment.The foreign security review systems of countries and organizations such as the United States,the European Union,and Canada all have their own unique features.Therefore,the author summed up its advanced experience,combined with China's national conditions and the shortcomings of China's foreign investment national security review system.The author puts forward specific suggestions to improve the core issues of China's foreign investment security review legal system,namely the legal level,review subject,review standards,review procedures.It is recommended to establish a unified foreign investment security review system and make it a law or regulation;On the subject of the review,it advocates that the Ministry of Commerce should take the lead,clarify the unity of the departments,and divide the work reasonably,and have clear powers and responsibilities;It should adhere to the balance of ambiguity and certainty in terms of review standards,and reflect the national conditions of our country.It should add new elements in time according to changes in national conditions;It should reflect efficiency in the review process,taking into account national security and investor protection.It establishes pre-application negotiation procedures to increase the mitigation agreement,and establishes an appropriate rights relief system and power supervision system.These recommendations are aimed at establishing a legal system for foreign investment security review in China that is compatible with the pre-entry national treatment plus negative list management model.