On Improving The Relevant Legal System Of The Economic Security Of China And The Foreign Acquisitions

Foreign acquisition is the sharp double-edged sword, the introduction of this international direct investment of local economy has not yet developed to an independent, strong competitiveness of the national economy industrial chain, on foreign acquisition of the legal system along with foreign acquisitions in China For the development of the establishment from scratch, the relevant legislation is still in the exploration stage. China's accession to the WTO after a merger of transnational corporations an upsurge of domestic enterprises, in the acquisition process, the advantages of multinational companies using the conditions and status of engaging in predatory pricing, access to monopoly profits, stifle competition and technological innovation, the impact of the economic security of the host country the negative effects caused People's worries.Through mergers and acquisitions within the enterprises, multinational companies in the domestic enterprises, market share, hidden breakthrough in the industrial policy and market access restrictions in some industries and sectors of control. If the acquisition of multinational companies are not reasonable regulation, it is possible to create some important sectors of the foreign monopoly, the country lost the initiative in economic development, a threat to national economic security, thus, the foreign acquisition of China's national economic and security issues The controversy over rampant. China-related legal system in this regard is the serious deficiencies, the author intended by the subject of research, to the acquisition of foreign capital to the country's economic security to the impact of a more reasonable position, and the basis of this, explore the legal channels to solve the problem, To fill the legal gaps, and promote foreign investment in China's acquisition of healthy development.This paper is divided into six parts. Introduction is about the source of paper, paper as a whole train of thought, research methods.The first Chapter is on the concept of national economic security and safeguarding national economic security, the importance and impact of national economic security factors. National economic security is an important part of national security, the development of economic globalization, countries of mutual economic penetration of the times, the country's economic security was upgraded to national security or even the main contents. Safeguard national economic security, our economy to meet the challenges of globalization, but also in China's process of developing market economy need to curb the negative impact. To guard against all kinds of risks improving the economic structure, improve the legal system in order to safeguard national economic security and social stability.Chapter II described the essential characteristics of foreign acquisitions in China's course of development and recent trends. I believe that foreign investors in China to take the overall industry mergers and acquisitions, industry vanguard of corporate mergers and acquisitions, to the replenishment owned or controlled the means and objectives of China's economic security threat. Foreign multinational companies through the acquisition of China's industries and adversely affect the brand, but also easy to create monopoly, then the law should be appropriate restrictions on them.The third chapter on China's foreign acquisitions on national economic security of the relevant legal system will focus on analyzing China's newly promulgated "of foreign investors in M & A business requirement" and "anti-monopoly law." "Foreign investors in corporate mergers and acquisitions the provisions" in the "acquisition of foreign investors in enterprises Interim Provisions" on the basis of a revised and refined, clearly defined key industries to declare to the acquisition of foreign capital for antitrust review. "Anti-monopoly law" to prohibit monopolistic agreements established to prohibit the abuse of market dominance, control operators to focus on three major anti-monopoly system, and provides for the establishment of the Anti-Monopoly Committee, the Council on the new trends show China in safeguarding national economic security of the Determination.On Chapter IV the successful experience of the United States, Germany foreign acquisitions in the legal system to protect national economic security. The United States and Germany would be anti-monopoly control of foreign investment as the focus of mergers and acquisitions, through a detailed anti-monopoly legislation to effectively prevent or reduce monopolies and restrictions on competition. For sensitive sectors of the merger and acquisition activity, such as national security, national interests of the key important strategic industries, in the form of law clearly prohibit or restrict foreign acquisitions, a number of important sectors of the strict restrictions on foreign ownership ratio. In addition, both countries have also set up a rigorous safety review system, the Government set up special agencies to review foreign mergers and acquisitions, involving the national security of foreign mergers and acquisitions pay close attention. Regulation of the two countries foreign mergers and acquisitions, both in detail the substantive law norms, there are strict requirements of procedural law, and established a sound legal liability system, government regulation makes clear and effective actions can be highly workable, for China-related legislation Reference.On Chapter V China's current foreign acquisitions in the legal system relating to national economic security norms to explore the gaps, and put forward legislative proposals. I believe that China's foreign acquisitions of national economic security laws there are shortcomings: not on the market, national economic security, key industries, and other important factors to the definition, making the lack of operational safety review; for national security review of the functional departments, operating procedures, and other important Contents were not made provisions. To effectively prevent foreign acquisition of the negative impact of China's economy, safeguarding China's economic autonomy and security, development and implementation of recommendations as soon as possible "anti-monopoly law" relevant supporting laws and regulations, in the Legislative Council on the establishment of a standardized system of examination and approval of the acquisition of foreign capital, foreign clear The industry and level of access, and make full use of WTO provisions relating to safeguard our national economic security.