China Law Library

National Interest

National Interest has recently been the subject of legislative interest in China, defined as anything that meets the needs of the nation for its continued existence, development, or overall benefit. From the point of view of the object, all things that satisfy or can satisfy the needs of the country’s survival and development while being beneficial to the country are national interests.

When viewed in terms of parties, only things that benefit the nation as a singular party are considered to be in the national interest. Thus, historically the national interest has been closely associated with the interests of the emperor, officialdom, royal court, government, rules, the rules, or the citizens, which, though independent, are interconnected. However, since national interest belongs solely to the nation as a singular party, it is distinct from the interests of any of these interest groups to the extent that it could be considered a heterogeneous agglomeration. Chinese theorists nonetheless urge that the relationship between the national interest and each interest group requires close and constant analysis based on subjective manifestations, historical context, and objective phenomena.

The Chinese view that the national interest, rooted in the concept of the nation-state as a singular party, is fundamentally different from the interest of individual citizens (including the several social classes from the social elite to the lower classes). Moreover, it is different than the collective interests of the various interest groups, and even from the collective interests of all the nation’s citizens. More broadly, Chinese theorists see a distinction between the national interest and the interest of any individual or group within the nation.

Comparative Law

In contrast to China, United States national security law does not specifically define what the national interest comprises. In stark contrast to China, whose official views see the national interest as distinct from the public interest, liberal scholars in the West see the national interest as an aggregation of domestic group interests within the public. Other scholars align with the Chinese perspective, viewing the state as a party distinct from its populace. In his analysis of the tensions between China and the United States, Gordon de Brouwer at CSIS wrote that the United States should clarify and determine what its national interest is ( https://www.csis.org/analysis/bringing-security-and-prosperity-together-national-interest). A noteworthy difference difficult to comprehend from Americans’ perspective is how Chinese thought considers its citizens and government as two separate interest groups since, in Western countries, the nation is typically considered to be synonymous with its people.

Further Reading

See our comprehensive resources on China’s Foreign Investment Law. and an overview of FDI regulation in our Foreign Investment Law FAQ.

Relevant Laws

Foreign Investment Act of China (& Administrative Regulations)

State Council Opinion on Foreign Investment

Translation Guide

See: 国家利益