August 2018，The "Modernization Law of Foreign Investment Risk Examination" in the United States (hereinafter referred to as the "U.S. Security Law") is officially effective after being signed by President Trump。This method is an important measure to respond to new security issues in the United States，But it also reflects the lack of security in the United States。Overall，The United States Audit Law is the United States in order to maintain its global hegemony、Strengthening its own sense of security without hesitation to adopt legislation with protectionism and discrimination，Violation of the spirit of the rule of law previously advocated by the United States。

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In terms of legislative purpose，"The United States Anti -Audit Law" threatens the leading position of the United States as one of the elements of national security review，This has a strong protectionist tendency。Article 1702 (C) (1) Standardment: If a transaction involves a country that should be given special attention，The country has proven or claims that it has a strategic purpose or key technology or key infrastructure that affects the leading position of the national security field.，Then it can be used as a factor for reviewing national security risks。According to the "leading position" in this article，It can be inferred that the United States will lead to the leading position with national security.，Its logic is to threaten the leading position of the United States, that is, suspicion of threatening US national security。So，Bet365 app download The so -called national security in the United States is not the safety of life and death in the usual sense。Another，Definition of "National Security"，The "U.S. Security Law" expanded the extension of the "National Security" in the 1950s in the United States "Defense Production Law"，Incorporate issues related to US land security and key infrastructure into the "national security" category。The broadness and uncertainty of the definition of "National Security" reduced the predictability of legislation，At the same time, the foreign investment committee is too broad -volume to decide，This may lead to arbitrary enforcement of foreign investment committees，Incorporating suspicious investment into the scope of national security review with maintaining the leading position of the United States。

　　Legislative principles violate the principle of non -discrimination

In terms of legislative principles，The "U.S. Security Law" clearly requires strict monitoring of investment from special attention to the state，And requires the US Minister of Commerce to submit a detailed report on China and the Foreign Investment Commission every two years in principle，This violates the principle of non -discrimination。On the one hand，Which countries are "special attention countries" identified by the United States，What kind of identification standards will the United States take，Is the reason for the United States that distinguish between these countries?，worth questioning。The United States is based on the principle of national sovereignty.，But in fact, once some countries are included in this list，Investors from these countries are facing stricter national security review in the United States，This in fact has caused discrimination against these investors。Bet365 app download On the other hand，"American Anti -Trial Law" not only requires a detailed report on China investment in the United States，At the same time, the report should analyze the connection between China Investment in the United States and "Made in China 2025"，It also requires the report to provide specific situations that US companies invest in China，The United States' practice of investing in "special" monitoring of China -US exchanges will cause relevant investors to worry about falling in investment due to national security censorship，This is not only discriminatory for China，In fact, it is also a discrimination for related Chinese investors and American investors。

　　Legal content is suspected of being protected by human rights

In terms of legislative content，In addition to the protective and discriminatory clauses discussed above，The "U.S. Security Law" still has other regulations that do not meet the spirit of the rule of law。One，"American Anti -Audit" not only requires key infrastructure、Energy assets、Key substances and other "things" influence on the influence of "things" conduct safety review，It is also required to review "human resources availability"。No. 1702 (C) (4) Article that if foreign investment causes the US Department of Defense、Other federal departments may be hired by the US National Security Promotion Department to have potential reduction in human resources and skills with national security related knowledge and skills，This can be used as one of the elements of national security risk review。This means that the United States may restrict the employment choice of high -tech talents in the United States in the future，Anti -economic and social rights that should be protected by these personnel should Bet365 app download be protected in terms of human rights。Its two，"American Security Law" No. 1702 (C) (3) Article whether foreign investment entities have a good compliance with US legal records as one of the review elements，This improves the requirements for the law of the investment subject，But it also means that foreign investment entities may be rejected this time in the United States for their previous violations of US legal acts，This seems to be suspected of retrospective。Its three，"American Security Law" No. 1702 (b) (6) stipulates that US presidents will urge American allies and partners to establish a foreign national security review mechanism similar to the United States，The essence is the United States attempting to jointly establish a review mechanism that discriminates against China、commonly curb China's foreign investment in the high -tech field，This violates the requirements of "good law" and "good rule"。

　　Scientific and technological progress increases the sense of insecurity in the United States

With the advancement of technology，The concept of national security has broken through the traditional field of military security and defense security，Extended to infrastructure security、Network Security、Personal information security and other new areas。"American Security Law" No. 1702 (b) (4) clearly states that national security issues have changed in recent years，The essence of the investment in the great potential risks of national security has also changed.，Therefore, the United States believes that it is necessary to update the legislation of national security review in foreign capital。It is true，"American Security Law" is a response to new security issues，But how do you understand Bet365 app download that the "investment nature of investment has also changed"? Trump has publicly stated in the "301 Investigation" presidential memorandum "Chinese companies instruct Chinese companies to systematically invest and acquire US companies and their assets，and provide convenience for these investment mergers and acquisitions，so that Chinese companies can obtain advanced technology and intellectual property，And the industrial plan of the Chinese government considers the important industry field to achieve large -scale technology transfer "。Based on this inference，The main purpose of the US government believes that certain investment is not to obtain economic benefits，Instead of investor mother state attempt to obtain advanced technology of the host country through investment。The United States is deeply concerned about the leading position of the country's loss of technology and other aspects，Therefore, in the new recent legislation, various review requirements are specified in the name of national security review。

　　The negative impact of globalization leads to the United States suspecting the rule of law

The United States was once a promoter of globalization and the positive builder of international rule of law，Once led the WTO multilateral negotiations and the construction of the rule of law，and use WTO to promote the globalization of trade。But，Globalization also has an impact on traditional American industries、Weaken the competitive advantage of US labor in price、Extracted from the unevenness of domestic revenue distribution，This has led to a doubt about whether the United States should continue to promote the construction of globalization and the construction of international rule of law。corresponding to the Bet365 lotto review United States，China has developed a lot of development since joining the WTO。US Trade Representatives in the "2018 China WTO Compliance Report" believes that China fails to comply with WTO legal rules，It is believed that China's non -market economy system and the national leading economic development model have caused serious damage to other WTO members，I believe that the current international legal order fails to effectively restrain China's improper competition behavior、As a result of damage to the US trade interests。"American Security Law" No. 1702 (a) (6) Article quoted the 34th President Eisenhower's speech，That is "if we fail in trade policy，We are finished "。From this, it can be seen，The part of the "U.S. Security Law" was introduced to solve the trade problem in the United States。A series of actions that adopt unilateral trade sanctions in conjunction with the US government recently violated the WTO multilateral rule of law，It is not difficult to infer that the US government has given up on the spirit of the rule of law in the near future，At the expense of any means to maintain US interests priority。

　　(This article is the National Social Science Foundation's major project "The Construction Path and Research on the Guarantee of the Rule of Law of the Free Trade Port with Chinese Characteristics" (18zda156)、Special Research Plan for the Special Research Plan of Hainan University's Port Research Plan "Research on the Research on the Innovation Legal Issues of Innovation of Hainan Free Trade Port"

(Author Unit: Institute of Science and Law of East China、The Institute of Legal Research of the BRICS)