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无论发达国家还是发展中国家,出于国家安全和经济主权考 虑,为确保本国资本在一些敏感部门的控制权,都会开列不少禁止 和限制外国投资的“部门清单”。但随着经济全球化和投资准入自由 化进程的不断加快,一些传统上被认为事关国家安全和国计民生的 部门特别是各国普遍予以限制的服务性行业,都面临着逐步开放的 问题。我国也不例外,体现我国外资准入政策和外资投向的《外商 投资产业指导目录》的数次修改反映了外资准入领域开放的进程。 随着外资准入领域的扩大和外资准入条件的放宽,外资准入审批程 序也要不断简化,外资政策、法律的透明度应该不断增强。 但现阶段,国民经济中仍存在一些薄弱环节,尚不具备全面承 受外资强劲冲击的实力。而即使是发达国家,他们的国内法也对外 资进入和设立进行着不同程度的管制。号称外资准入开放度最大的
Both developed and developing countries, out of national security and economic sovereignty considerations, have listed a number of “lists of departments” that prohibit and limit foreign investment in order to ensure that their own capital controls in some sensitive sectors. However, with the acceleration of economic globalization and the liberalization of investment access, some traditionally recognized service sectors that are generally concerned with national security and national economy and the people’s livelihood, especially those generally restricted by various countries, are facing the problem of gradual opening up. Our country is no exception. Several amendments to the Guiding Catalog of Foreign-invested Industries that reflect the entry of foreign investment into our country and the direction of foreign investment reflect the process of opening up for foreign investment access. With the expansion of the field of foreign investment access and the relaxation of access conditions for foreign investment, the examination and approval procedures for foreign investment should also be simplified continuously. The transparency of foreign investment policies and laws should continue to increase. However, at this stage, there are still some weak links in the national economy and they still do not have the strength to fully withstand the strong impact of foreign investment. Even in developed countries, their domestic laws also impose varying degrees of control on the entry and establishment of foreign investment. Known as the largest degree of openness to foreign investment