| According to modern law of nations, National | | | | same treatment of the foreign investors. |
| Treatment is the fundamental system about | | | | Meanwhile, the effects and influences of the |
| foreigners' civil status, whose original idea is that | | | | international laws are taken into serious |
| foreign investors can enjoy the same treatment | | | | consideration: taking care of the developed |
| as the internal ones. With the development of | | | | countries' abuse of the rights in explaining the |
| international investment and related laws, National | | | | treaties and using the exceptions of treaties |
| Treatment is applied to international trade | | | | swiftly to protect their countries' economic |
| gradually. Practically, applying National Treatment | | | | authority. |
| into international trade is that the host investing | | | | Based on the current foreign Investment laws in |
| country must provide those who have made | | | | China, the situation of the treatment of the |
| international investment and have its own | | | | foreign investment is "encourage and restrict", |
| countries' identities with National Treatment. | | | | which manifests in the following: seldom promise |
| In the international investment regulations, there | | | | the citizen the right in the protective agreements |
| are two different statements about the National | | | | of the bilateral investment, or restrict the citizen |
| Treatment: "no less" and "equal". Though the | | | | in the treaties; raise some favorable measures |
| treaties of international investment have different | | | | for the foreign investors while restrict them, such |
| statements about the National Treatment, these | | | | as the tax favorable measure. In order to make |
| two definitions are unanimous in law and have no | | | | good use of the foreign investment, what we |
| essential difference in practice. To understand the | | | | need to do now is to revise and improve our |
| National-Treatment correctly, we must start from | | | | regulations related to investment treatment. |
| its relevance, which is also proved in the | | | | The revise of the foreign investment law needs |
| international investment. According to the | | | | reformations in the following five aspects: unit the |
| comparative analysis of the international | | | | standards of the whole country, use the |
| investment regulations, National Treatment is | | | | favorable measures under the WTO regulations, |
| adopted by a large number of bilateral and | | | | and gradually cancel the no coincident favorable |
| multilateral treaties, which becomes a trend of the | | | | measures between the current law and the |
| international investment regulations. Developing | | | | citizen's treatment and so on. At last the |
| countries should base on the need of opening-up | | | | National-Treatment regulations are set up based |
| and their countries' economic power, and gain the | | | | on the foreign investment laws. |