论数字经济时代外资安全审查的法律调控
On the Legal Regulation of Foreign Investment Security Review in the Era of Digital Economy

近些年，我国外商投资安全审查体系不断健全，致力于营造更加透明公开的外商投资环境。《外商投资安全审查办法》是我国在外商投资安全审查制度中的最新落实，通过设置常态化的工作机制办公室取代了以往不确定的安全审查机构，顺应时代发展扩大安全审查的范围。但其中缺失了对投资者权利的救济机制和对审查部门的监督机制，相应的安全审查考量因素也过于宽泛。我国在进一步完善外商投资安全审查制度时，应将安全审查救济制度和监督纳入考量范围，在扩大审查范围时限定安全审查考量因素，为我国营造更高水平的投资环境保驾护航。
In recent years, China’s foreign investment security review system has been continuously improved, and we are committed to creating a more transparent and open foreign investment environment. The Measures for Security Review of Foreign Investment is the latest implementation of China’s foreign investment security review system, which replaces the previously uncertain security review body by setting up a normalized working mechanism office, and expands the scope of security review in line with the development of the times. However, there is a lack of relief mechanisms for investors’ rights, supervision mechanisms for work departments, and security review considerations that are too broad. When China further improves the security review system for foreign investment, it should take the security review relief system and supervision into account, and limit the factors considered for security review when expanding the scope of review, so as to escort China to create a higher level of investment environment.