中国外资国家安全审查制度新探——评《外国投资法(草案征求意见稿)》第四章

A New Analysis of National Security Review System of Foreign Investment in China——Comments on the Fourth Chapter of Foreign Investment Law(Draft)

经过改革开放以来吸收外资的实践,外国投资国家安全审查制度已在中国初步建立,一系列法律法规对这一制度作了较具体的规定。然而,该制度在实施过程中仍存在一些问题,需要逐步调整和完善。而《外国投资法(草案征求意见稿)》的公布,体现了我国相关立法的新发展。该法第四章对国家安全审查制度作了专章规定,明确了审查对象、审查程序、审查因素等内容,厘清了实践中的一些争议性问题。尽管《外国投资法(草案征求意见稿)》相关内容尚不完善,但为外资国家安全审查制度在今后能更有效地实施提供了重要保障。

With the development of practice of attracting foreign investment since China initiated the policy of reform and opening up,national security review system of foreign investment has been preliminarily established in China.There are some specific provisions related to this system have been stipulated in a series of laws and regulations.However,some problems still as to the development of this system,which should be amended gradually.The release of the draft version of Foreign Investment Law signifies the new development of the legislation on foreign investment in China.The fourth chapter of this law is mainly about the national security review system,which includes provisions of the reviewing object,the procedure,and the factors for review.It also clarifies several controversial issues in practice.Although these provisions are imperfect currently,they can still play an important role for a more effective implementation of national security review system of foreign investment in the future.