August 2018，The U.S. Foreign Investment Risk Review Modernization Act (hereinafter referred to as the "U.S. bet365 best casino games Review Act") officially comes into effect after being signed by President Trump。This law is an important measure for the United States to deal with new bet365 best casino games issues on an international scale，But it also reflects the lack of sense of bet365 best casino games in the United States。Overall，The "US bet365 best casino games bet365 best casino games Act" is an effort by the United States to maintain its global hegemony、To strengthen one’s sense of bet365 best casino games without resorting to protectionist and discriminatory legislation，Violates the spirit of the rule of law previously advocated by the United States。

　　The legislative purpose has a protectionist tendency

In terms of legislative purposes，The "US bet365 best casino games Clearance Act" considers whether it threatens the leading position of the United States as one of the elements of national bet365 best casino games review，This has a strong protectionist tendency。Section 1702(c)(1) of the Act stipulates that if a transaction involves a country that should be given special attention，The country has proven or claimed to have a strategic purpose to acquire a certain key technology or critical infrastructure that affects the leadership of the United States in the field of national bet365 best casino games，This can be used as an element in reviewing national bet365 best casino games risks。Based on the wording of “leading position” in the article，It can be inferred that the United States links its leadership position to national bet365 best casino games，The logic is that threatening the leading position of the United States is suspected of threatening the national bet365 best casino games of the United States。Therefore，The so-called national bet365 best casino games of the United States is not the bet365 best casino games of national life and death in the usual sense。Also，About the definition of “national bet365 best casino games”，The "U.S. bet365 best casino games Clearance Act" expands the scope of "national bet365 best casino games" in the U.S. "Defense Production Act" of 1950，Incorporate all issues related to U.S. homeland bet365 best casino games and critical infrastructure into the category of "national bet365 best casino games"。The broadness and uncertainty of the definition of “national bet365 best casino games” undermine the predictability of legislation，Also giving the Committee on Foreign Investment too broad discretion，This may lead to arbitrary enforcement by the Committee on Foreign Investment，Including questionable investments within the scope of national bet365 best casino games review based on the criterion of maintaining the United States’ leading position。

　　The legislative principle violates the principle of non-discrimination

In terms of legislative principles，The "U.S. bet365 best casino games Clearance Act" clearly requires strict monitoring of investments from countries that should be given special attention，And requires the U.S. Secretary of Commerce to submit detailed reports on Chinese investment in the United States to Congress and the Committee on Foreign Investment every two years in principle，This violates the principle of non-discrimination。On the one hand，Which countries are designated as “Countries of Special Attention” by the United States，What identification standards will the United States adopt，Is there sufficient reason for the United States to treat these countries differently，Debatable。Although the United States has the right to independently identify which countries are "countries of special attention" based on the principle of national sovereignty，But in fact once certain countries are included in the list，Investors from these countries face more stringent national bet365 best casino games review when investing in the United States，This actually results in discriminatory treatment against these investors。On the other hand，The "U.S. bet365 best casino games Review Act" not only requires the submission of detailed reports on Chinese investments in the United States，At the same time, the report is required to analyze the connection between China’s investment in the United States and “Made in China 2025”，Also requires that the report should provide specific information on U.S. companies’ investments in China，The United States’ “special” monitoring of investments between China and the United States will cause relevant investors to worry about investment failure due to national bet365 best casino games review issues，This is not only discriminatory treatment against China，In fact, it is also discriminatory treatment against relevant Chinese investors and American investors。

　　The content bet365 best casino games legislation is suspected of violating the protection of human rights

In terms of legislative content，In addition to the protective and discriminatory provisions discussed above，There are other provisions in the U.S. bet365 best casino games Inspection Act that are not in line with the spirit of the rule of law。One，The "U.S. bet365 best casino games Act" not only requires critical infrastructure、Energy Assets、Conduct safety review on the impact of “things” such as critical substances，Also requested a review of the “Human Resources Availability” aspect。Section 1702(c)(4) provides that if a foreign investment causes the U.S. Department of Defense、Potential reduction in human resources with national bet365 best casino games-related knowledge and skills available for hire by other federal agencies or agencies related to U.S. national bet365 best casino games promotion，This may be used as one of the elements of a national bet365 best casino games risk review。This means that the United States may restrict the employment options of American high-tech talents on the grounds of national bet365 best casino games in the future，Violation of the economic and social rights of these persons that should be protected in terms of human rights。Part 2，Section 1702(c)(3) of the U.S. bet365 best casino games Approval Act takes whether a foreign investor has a good record of complying with U.S. laws as one of the review factors，This increases the requirements for investment entities to comply with the law，But it also means that foreign investors may be rejected from investing in the United States due to their previous violations of U.S. laws，This seems to be a trace of the past。Part 3，Section 1702(b)(6) of the U.S. bet365 best casino games Review Act stipulates that the U.S. President will urge U.S. allies and partners to establish a foreign investment national bet365 best casino games review mechanism similar to that of the United States，The essence is that the United States is trying to unite its allies to establish a censorship mechanism that discriminates against China、Work together to curb China’s foreign investment in high-tech fields，This violates the requirements of "good law" and "good governance"。

　　Technological progress increases America’s insecurity

With the advancement of science and technology，The concept of national bet365 best casino games has broken through the traditional scope of military bet365 best casino games and national defense bet365 best casino games，Extended to infrastructure bet365 best casino games、Network bet365 best casino games、New areas such as personal information bet365 best casino games。Section 1702(b)(4) of the U.S. bet365 best casino games Clearance Act clearly states that national bet365 best casino games issues have changed in recent years，The nature of investments that pose great potential risks to national bet365 best casino games has also changed，Therefore, the United States believes that it is necessary to update its foreign investment national bet365 best casino games review legislation。Admittedly，The "US bet365 best casino games Clearance Act" is a response to new bet365 best casino games issues，But how to understand the “nature of investment has also changed” mentioned in the law？Trump once publicly stated in the "301 Investigation" presidential memorandum that "China instructs Chinese companies to systematically invest and acquire American companies and their assets，And provide convenience for these investments and mergers，To enable Chinese companies to obtain advanced technology and intellectual property rights，And achieve large-scale technology transfer in industry areas considered important by the Chinese government’s industrial plan”。Infer based on this，The U.S. government considers that the primary purpose of certain investments is not to obtain financial gain，It is the investor’s home country that attempts to obtain the advanced technology of the host country through investment。The United States is deeply concerned about losing its leading position in technology and other aspects，Thereby stipulating various review requirements in the name of national bet365 best casino games review in recent legislation。

　　The negative impact of globalization causes bet365 best casino games to doubt the rule of law

The United States was once a promoter of globalization and an active builder of international rule of law，Have led WTO multilateral negotiations and its rule of law construction，And promote trade globalization with the help of WTO。However，Globalization has also had an impact on traditional American industries、Weakened the competitive advantage of American labor in terms of price、Exacerbating the imbalance of income distribution in the United States，This has caused the United States to be skeptical about whether it should continue to promote globalization and the construction of international rule of law。Corresponds to the United States，China has achieved considerable economic development since joining the WTO。The U.S. Trade Representative believes in the "2018 China WTO Compliance Report" that China has failed to comply with WTO legal rules，Believe that China’s non-market economic system and state-led economic development model have caused serious damage to other WTO members，Believes that the current international legal order cannot effectively restrain China’s unfair competition、causing damage to U.S. trade interests。Section 1702(a)(6) of the U.S. bet365 best casino games bet365 best casino games Act quotes the speech of the 34th President Eisenhower，i.e. “If we fail on trade policy，We are all finished”。It can be seen from this，Part of the reason for the introduction of the "US bet365 best casino games Law" is to solve the trade problems of the United States。Combined with the recent series of actions taken by the US government to blatantly violate the WTO multilateral rule of law and adopt unilateral trade sanctions，It is not difficult to infer that the US government has recently given up its adherence to the spirit of the rule of law，Using any means to safeguard U.S. interests first。

　　(This article is a major project bet365 best casino games National Social Science Fund "Research on the Construction Path and Legal Guarantee of Free Trade Ports with Chinese Characteristics" (18ZDA156)、Phase results bet365 best casino games Hainan University Free Trade Port Research Special Research Plan "Research on Legal Issues of Hainan Free Trade Port Investment System Innovation")

(Author’s unit: Academy of Science, East China University of Political Science and bet365 best casino games、BRICS Legal Research Institute)