2019年4月17日晚上7点，由博彩网址大全-中国博彩网址 、江苏省知识产权保护与发展研究院主办的《外商投资法》专题讲座在博彩网址大全 434会议室成功举行。主讲人是第十三届全国人大代表、国浩律师(南京)事务所管理合伙人车捷律师。博彩网址大全-中国博彩网址 蔡道通院长主持了本次讲座，马晓燕教授、颜林副教授及博彩网址大全 近50名研究生前来聆听了此次讲座。

讲座以今年3月15日通过的《中华人民共和国外商投资法》为分析对象，并围绕该法的出台背景、审议过程及规范内容、制度留白三个方面展开。首先，车捷律师以我国对外开放立法的历史沿革为背景，阐明了“外资三法”的重要价值。他指出，现行《外商投资法》相比于立法草案进行了极速的“瘦身”，表述偏向原则化，删除了协议控制、国家安全审查制度细则等诸多争议议题，但仍然保留了“三法合一”、准入前国民待遇和负面清单管理、对外商投资进行国家安全审查投资保护等关键性内容，并增加了禁止强制技术转让、外商投资信息报告制度等重要内容。

接着，车捷律师介绍了其参与《外商投资法》审议工作的情况，并对法案的结构、外商定义和范围、投资活动的定义、政策承诺、安全审查制度等重要条文进行了解读。

在讲座的第三部分，车捷律师为同学们分析了《外商投资法》的制度留白。他指出，现有立法关于外商投资的定义尚未明确，国家安全审查制度与信息报告制度的配套法规还有待同步，负面清单制度仍需建立，政策承诺问题有待进一步明确，投资协议的法律适用问题仍有待研究，在适用过渡期内可能出现一些新的问题。

在交流互动环节，同学们就负面清单、实际控制人等问题向车律师进行了请教，并得到了他耐心细致的解答。互动环节结束后，颜林副教授对讲座内容进行了深刻的总结。在活动结束后，同学们纷纷表示获益匪浅，并以热烈掌声感谢车捷律师的精彩讲座。

The Lecture on the "Foreign Investment Law" held successfully in the Law School

On the afternoon of April 17, 2019, the "Foreign Investment Law" seminar sponsored by Law School of Nanjing Normal University and Jiangsu Intellectual Property Protection and Development Research Institute was successfully held in Room 434 of Nanjing Normal University. Che Jie, the representative of the 13th National People's Congress and the managing partner of Guo Hao (Nanjing) Law Firm, was invited to deliver a lecture about " Foreign Investment Law” to the faculty and students. Dean Cai Daotong, School of Law, Nanjing Normal University hosted the lecture and nearly 50 graduate students attended the lecture.

The lecture was based on the "Foreign Investment Law of the People's Republic of China"passed on March 15 this year and it consisted mainly of three legal issues: reviews of the "Foreign Investment Law", the interpretation of legal provisions as well as the system blanks of the "Foreign Investment Law". Firstly, Lawyer Che started with the historical evolution of China's opening-up legislation. He then clarified the "important significance of the three foreign-funded laws", and also analyzed the evolution of China's opening-up legislation from foreign investment law to foreign investment law in detail. He pointed out that the current "Foreign Investment Law" has carried out a speedy "slimming" compared to the draft legislation, it tend to pay more attention on the principles. Also, it has removed many disputes such as agreement control and national security review system rules, but still remains the "Unification of three laws", the pre-entry national treatment, negative list management, the national security protection of foreign investment and other key contents. The "Foreign Investment Law" also increased other important contents like the prohibition of compulsory technology transfer, foreign investment information reporting system and so on.

Secondly, Lawyer Che introduced the deliberations of the Foreign Investment Law that he participated in and interpreted some important provisions such as the structure of the bill, the definition and scope of foreign investors, the definition of investment activities, policy commitments, and security review systems.

In the third part of the lecture, Lawyer Che analyzed the system blanks of this law. It believes that at present, the definition of foreign investment is not yet clear, the supporting regulations of the national security review system and the information reporting system have yet to be synchronized, the negative list system still needs to be established, the policy commitment issue needs to be further clarified, and the legal application of the investment agreement remains to be studied.

Finally, in the interactive session, the students asked the Lawyer Che some questions concerning the negative list and the actual controller, and he answered all of them patiently. Following the interactive session, Associate Professor Yan Lin gave a profound summary of the lecture. After the event, the students expressed their great benefit and thanked Layer Che for his lecture.