Effect On Our National Security Of Foreign M&A And Its Legislative Regulating

Through two typical cases from China and US, the thesis presents the problem of national security. The characteristic of Foreign M&A determines its potential adverse effect on national security of host country. Therefore, legislative regulating has an essential role in this process. The author divides legislative regulating into two parts -Industry entry permission and national security review. The latter part also makes deep analysis, study and discussion on industry entry permission regulations and foreign M&A national review system focusing on the two points. The thesis introduces practices of US, Germany and Japan. Considering our domestic characteristics, the author gave a series of improvement suggestions on legislative regulating of our country, hoping it will have some help to our legislative construing.The first chapter presents two typical cases and its outcome in foreign M&A field in China and US, through analysis the author finds it is loopholes in national security legal system that might generate national security danger. The different outcomes of cases also attribute to different legislation. And thus the subject of this thesis comes into horizon-national security and its legislative regulating, in which legislative regulating is divided into two parts:industry entry permission and national security review system.Chapter Two points out it is essential to enhance national security regulating in reference to our ever-loosening legislative environment, including the multiple foreign investment channels and lowered industry entry threshold. Based on the current situations of foreign investment in China, the thesis tries to present the discussion on"reliance on foreign capital"and argues the problem is mistakenly considered. Meanwhile, the author points out the percentage of foreign capital in domestic market is not key of national security, what should be cared is whether China has comprehensive legislative regulating to counteract its adverse effect on national security.Chapter Three gives us an outlook of developed countries practices from two parts in national security legislative regulating and summarizes some points in common, hoping to shed light on our legislative construing.Chapter Four made an analysis of our relevant legislature and points out the flaws. Meanwhile, the thesis tries to consult some fruitful legislature of other countries to construct our legal system. National security is a comprehensive and interactive definition, one single institution can not safeguard national security. Therefore, a cross-institution organ should be established. In order to enhance the confidence of foreign investment, review procedure and review criteria must become transparent and lawful.