外资金融安全审查制度的证成与构设

Justification and Construction of Financial Security Review System of Foreign Investment

目前,《外商投资安全审查办法》虽然将重要金融服务领域外商投资纳入安全审查范围,但在审查对象、体系、主体、程序等方面存在缺漏,无法独立实现"维护金融安全"的制度功能。因此,立法者应当考虑构设专门化的外资金融安全审查制度:促成外资国家安全审查与金融行业安全监管的机制耦合;对金融领域外商投资行为、外资金融机构分别进行审查;接纳金融监管机构参与相关审查工作;增加审查程序的启动强制力与事后救济性。

At present, although foreign investment in important financial service fields is included in the scope of security review in the Measures for the Security Review of Foreign Investment, there are some deficiencys in the review object, structure, subject and procedure, which make it impossible to independently realize the institutional function of "safeguarding financial security". Therefore, legislators should consider setting up a specialized financial security review system of foreign investment: promote the mechanism coupling between national security review of foreign investment and security supervision of the financial industry, examine the foreign investment behavior and foreign financial institutions in the financial field respectively, accepting financial supervision institutions to participate in relevant review work, increase the starting coerciveness and afterwards relief of the review procedure.