现今各国对外资准入后的国民待遇争议不大,但在准入前外资是否应享有国民待遇的问题上,发展中国家和发达国家分歧较大。在中美BIT谈判中,准入前国民待遇也成为双方的争议焦点之一,但最后中国一改对该问题的保留态度,选择接受“准入前国民待遇+负面清单”模式。这一选择不仅适应了中国作为资本输入大国和资本输出大国的双重身份,更有利于推进一带一路战略,也顺应了投资自由化的潮流。 Nowadays, the controversy over the national treatment of foreign capital after admission is not great. However, the issue of whether foreign capital should enjoy national treatment before entering the country is quite different between developed and developing countries. In the BIT negotiations between China and the United States, the pre-admission national treatment has also become one of the focal points of controversy between both sides. However, China finally changed its attitude towards the issue and opted for the mode of “pre-admittance national treatment + negative list”. This choice not only meets China’s dual status as a capital-importing power and capital-exporting power, but is also conducive to advancing the strategy of the Belt and One Road and complies with the trend of investment liberalization.