Research On The Legal System Of The National Security Review Of Foreign Investment In The Information And Communication Field Of The BRICS Countries

In the context of the new round of technological changes,promoting the interconnection of information infrastructure is the common concern of BRICS cooperation.In foreign investment,because the information and communication industry is an extremely sensitive national strategic industry,which carries the lifeline of the national economy and contains a large amount of sensitive information,once a leak occurs,it will seriously endanger the national security of a country,and therefore becomes an important issue for the national security review of contemporary foreign investment.field.In order to cope with such security issues,the BRICS countries continue to absorb and learn from other countries’ advanced foreign investment security review legal systems,and the review of foreign investment in the field of information and communication has become stricter and has a wider range of review.Therefore,this article uses this breakthrough point to provide a reference for my country’s foreign investment national security review legislation.This article consists of five parts:The first part “Several Basic Theories of the National Security Review of Foreign Investment in the Information and Communication Field of the BRICS” explores why the information and communication field has become an important area of contemporary foreign investment security review,as well as the basic theory of the national security review of foreign investment,that is,national information sovereignty.The theory and national information security theory explored the basic evolution of the legal system of foreign investment security review in the information and communication field of the BRICS countries,and pointed out that the BRICS countries have different degrees of review of foreign investment in the information and communication industry,and my country should learn from it.The second part “The legal model of the national security review of foreign investment in the information and communication fields of the BRICS countries”explores the advantages and disadvantages of the special law model and the mixed law model,and points out that the special law model has detailed regulations on the scope and procedures of national security review,Easy to obtain by foreign investors,the mixed law model department has too many regulations and policies,and the transparency is low.It is proposed that my country’s legal model should continue to be improved and the specific review system should be refined.The third part “The competent authority and procedures for the national security review of foreign investment in the information and communication fields of the BRICS countries” points out that a single competent authority can easily lead to excessive concentration of departmental rights and cannot guarantee fairness.Multiple competent authorities can help enhance the legitimacy of power operation.And rationality,to achieve objective and fair review.Regarding the review procedure,it is believed that the establishment of a complete review procedure and relief procedure is beneficial to the realization of procedural justice.The fourth part “National Security Review Standards for Foreign Investment in the Information and Communication Fields of BRICS Countries” points out that BRICS countries use shares to define control rights.In addition,it also analyzes the actual actions taken by foreign investors and the understanding of the target company.To further determine whether the control standards are met,this provides a perfect direction for the establishment of my country’s foreign investment security review standards.The fifth part “Scope of the National Security Review of Foreign Investment in the Information and Communication Fields of BRICS Countries” explores the key considerations of the BRICS countries when defining the review scope.Most of them have problems with relatively vague review scopes.Sensitive information and sensitive investors start with it,making the scope of the review clearer and clearer.The sixth part “The Enlightenment of the National Security Review Legal System for Foreign Investment in the Information and Communication Fields of BRICS Countries to China”,first proposed that,based on the legal systems of the BRICS countries,my country ’ s legal system for foreign investment security review should follow the principle of non-discrimination.Reasonable supervision principle,accountability principle and transparency principle.Secondly,based on the realistic background of our country’s foreign investment national security review legislation,we selectively learn from the legislative experience of other BRICS countries to improve my country’s relevant legal systems.The basic conclusion of this article is: my country should further refine the review standards in the field of information and communication in the scope of foreign investment security review,set up a list of review sensitive factors,and clarify the internal responsibilities of review agencies,improve review procedures,and add investor rights relief systems.This will promote investment among the BRIC countries on the premise of ensuring the information security of the BRIC countries.