The National Security Review System Of Foreign Acquisition

Foreign merger is a good servant but a bad master. On the one hand, foreign mergers and acquisitions for the Chinese brought in large amounts of capital and advanced technology, both the driving force of economic development in China, and China's integration into the world accelerated the pace of economic integration. On the other hand, mergers and acquisitions of natural monopoly and foreign capital M & A potential threat to national security, but also allows us to strengthen the supervision on foreign mergers and acquisitions, and even that might endanger the national security of the area to take stringent safety review system. We can not because the negative impact of M & M & A are all shut, unworthy, not to the positive effect of acquisitions by foreign investors ignore the possible threat to national security. To this end, we must learn from international experience, in accordance with national conditions, as soon as possible to attract foreign investment to develop a benefit both, the system can Gui foreign De Binggouhangwei, against Waiguo monopoly power to maintain order of market competition in the national security review system, Ba Waizi M & A on the independence of our industry and national economic security, the potential negative effects to a minimum. Be "whom to not, in defense of not chaos."The first chapter is on national security review of foreign M & A basic principle of the system, first section discusses the definition of the concept of national security, and comparative analysis of national security and economic security, industrial security, relations and other countries the definition of national security, that for national security review of our scope of review. Second section of the national security review of foreign M & A rational study of the system.The second chapter on foreign acquisition of domestic enterprises as well as the motives of risk factors, pointed out that the treatment of foreign mergers and acquisitions, we should be through the good and the national security of the legal system will be designed to minimize the negative effect of the degree, and give full play to its positive effects. The third chapter attempts a comparative analysis of countries in the world of typical national security, foreign M & A review system to review the national security of our system to provide modification and improvement of reference.Chapter IV introduces the national security of China M & A review system values and basic principles used to guide our national security review of foreign M & improving the legislation system.Chapter V is a national security review of China's foreign investment M & A legislation system to analyze the situation and pointed out shortcomings of how our existing national security review of foreign M & A legislation system of the framework of the system improvements.