摘要： 我国境外投资核准制度有助于维护我国的安全和利益，保证境外投资健康发展。但是，这一制度也存在某些问题，如核准范围模糊，核准条件采取肯定列举式不尽合理，以及核准机关及其权限存在冲突或重叠等，对中国企业境外投资构成了障碍。为进一步适应我国经济发展和境外投资的需要，对这一制度进行改革势在必行。境外投资核准制的改革方向是缩小境外投资核准的范围，避免双重核准，逐步向自动许可制及登记备案制过渡，并健全、完善其他相应的配套制度和措施。

关键词: 境外投资, 核准制度, 行政许可, 公共利益

Abstract: China’s overseas investment approval system contributes to maintaining national security and  interest, and ensuring the sound development of overseas investment. However, there are also  some defects in the approval system, such as the obscurity of its scope, the inappropriteness of positive list of approval conditions and the conflict or overlap of the function and authority of approval  agencies. These no doubt constitute obstacles to overseas investment by Chinese enterprises. So the  approval system has to be reformed further to meet the need of China’s economic development and  overseas investment. The trend of the reform is to reduce the government intervention, to expand  the rights and freedom of overseas investment of Chinese enterprises and eventually to replace the  approval system with registration system. Thus the government of China currently needs to adopt  such measures of reform as limiting the scope of approval, avoiding double approval made by the  Ministry of Commerce and the National Development and Reform Commission, expanding the scope  of automatic approval system and registration system and improving other relevant supporting system.

Key words: Overseas Investment, Approval System, Administrative Licensing, Public Interest