Research On Non-actionability Of Foreign Investment National Security Review System

With the rapid development of the world economy and the accelerated pace of economic globalization,economic globalization has brought about capital globalization.Investors in various countries are no longer satisfied with the domestic capital market.A large amount of capital flows internationally.Foreign capital occupies a very important position in the economic system of various countries.While these foreign capital develop the economy of the host country,It also threatens the national security of the host country at all times.In order to safeguard national security and strengthen the management of foreign-funded enterprises,all countries have introduced the national security review system.Starting from the fundamental interests of all countries,the system has set up some restrictive measures to reduce the negative impact of foreign capital flowing into the host country,which also reflects the basic national conditions and foreign policies of all countries.Due to the different standards of security review and the protection of investors in various countries,there are also different provisions on whether the national security review system involving foreign investment is subject to jurisdiction,which makes the system divided into actionable and non actionable.Countries that adopt the actionable system regard the national security review decision as a specific administrative act and bring it into the framework of judicial review;The countries that adopt the non actionable system give more political nature to the national security review decision and emphasize more on national sovereignty.This paper mainly explores the non-justiciability of the national security review system,which is mainly divided into four parts:The first part mainly discusses the legitimacy of the non-justiciability of the national security review of foreign investment,because the national security review measure,as a specific administrative act,should be subject to the jurisdiction of the court,but some countries stipulate that the administrative decision is exempt from judicial jurisdiction.Starting from its theoretical basis and value pursuit,this paper analyzes the legitimacy of its non-justiciability.The second part uses the comparative demonstration method,selects France,Germany represented by justiciability and the United States,Canada and Australia represented by non-justiciability to compare the legal sources of national security review in the above countries,and finds out the reasons why different countries have different attitudes towards the justiciability of national security review measures from the Perspective of legislative evolution,And enumerate relevant cases,so as to analyze the advantages and disadvantages of the two review modes.The third part mainly lists several ways for foreign investors to realize self relief under the non-judged mode when they are unable to claim their legitimate rights through litigation.The fourth part is the enlightenment to China's national security review legislation after integrating the legitimacy of the non-judged model,legislative practice and dispute settlement path.By constantly improving China's foreign capital access security review measures,we can find the balance between "foreign investment" and "national security",so as to attract foreign investment to the greatest extent on the premise of ensuring national security.