Research On The Legal System Of National Safety Review On Concentration Of Foreign Investment

The legal system of national safety review on foreign investment participation in concentration of business operators is a totally new system in our country. In the scope of anti-monopoly law, how to perfect the legal system in the practical world is the hot spot and difficult point in the current theoretical research of economic law. In this article, the author will firstly explain the key words referred, such as foreign investment, concentration of business operators and national safety. After it, the author puts forward a qualitative analysis of national safety, an empirical survey of foreign capital utilization in our nation. It raises the concentration of foreign investment has influenced and will exert a bad influence on our national safety. On this issue the basic theories are needed, so the author tries to quote the theories of national sovereignty and intervention of economy by government so as to illustrate the legitimacy of public power interfers the areas in private rights, clean off the obstacles between the public power and private rights. At last, the author analyses this special phenomena of concentration of foreign investment with the theory of national sovereignty, and point out in order to maintain the safety of our nation we must make some limits to the harmful concentration activities.On the issue of the national safety review on concentration of foreign investment, the western developed countries, especially the America has a mature legal system. On the basis of comparative analysis among the developed countries of the legal system about national safety, the author advises some advanced systems suitable for our national condition should be used for reference, because it good for our legal system. In this thesis, on the issue of perfecting legal system about concentration of foreign investment operators, the author studies on substantive and procedural issues of the national safety review respectively. For the standard of substantive issue, it cites the method of benefit balance of legal economical analysis, and reflects the stability of the law and the flexibility of the policy; for the standard of procedural issue, it suggests ordinary items should include review authority, declaration, first review, investigation, determination. And prevention of law evasion, acquisition and confidentiality of investigation information, compulsory measures, remedy approach, and right protection for inventors should also receive a careful arrangement.