Study On National Security Review Mechanism Of Foreign Acquisition And Construction Mechanism Of Our Country

Along with China's being WTO entry and domestic market's further opening, the foreign capital enters China no longer to limit to the initial green space investment way, what are more is selects the merger and acquisition method to enter China. China already becomes or soon becomes the foreign capital merger and acquisition the next hot spot area. Meanwhile, the international merger activity of fast fierce shape also brings many communities, economies and juridical question and have already sparked our country government altitude of respect. How in the foreign capital merger and acquisition's tide both the reasonable effective use foreign capital, the promotion domestic economy development and the industrial upgrading, enhances the international competitiveness, and can maintain Domestic enterprise's overall benefit and the national security, is a major issue which is worth us treating earnestly.《The People's Republic of China anti monopolization law》is on August 30, 2007 passed by ten Standing Committee of the National People's Congress seconds 19 conference reviews, and in implement from August 1, 2008. Our country already in the related chapter has made some stipulations in "the People's Republic of China Antimonopoly law" to the foreign capital merger and acquisition safe examination, but actually is still unable to satisfy the present foreign capital merger and acquisition safe examination the request. How is this article around to solve this problem to launch, through to the overseas several country's foreign capital merger and acquisition safe review mechanism's analysis, proposes some conception to our country foreign capital merger and acquisition safe examination.This article besides the preface, the concluding remark altogether divided into four parts to carry on the elaboration to the foreign capital merger and acquisition safe review mechanism's legal matter.The first part has carried on the security review mechanism by foreign capital motivation was the construction of the analysis of domestic and foreign. The domestic part mainly the negative influence which and produces to Our country Enterprise affects these two aspects from the foreign capital merger and acquisition to the national security to carry on the agent analysis. Afterward the foreign capital merger and acquisition safe examination legislation's situation carries on from the worldwide scale introduced that proposed constructs our country national condition the foreign capital merger and acquisition safe examination mechanism necessity. Finally to foreign capital merger and acquisition safe examination's several essential concepts (national security, state economy security, foreign capital merger and acquisition, foreign capital merger and acquisition safe examination and so on) has carried on the broad analysis introduction.The second part elaborated US, Canada, Britain, Germany, Asia and so on some countries about foreign capital merger and acquisition safe examination's some related stipulations, have analyzed the foreign capital merger and acquisition basic legislative present situation, and their foreign capital merger and acquisition safe review mechanism's examination basis (consideration factor), the audit program, the Execution organ and so on concrete operations have carried on the more detailed introduction analysis. Through to several national foreign capital merger and acquisition safe examination's analysis, summarizes to our country foreign capital merger and acquisition safe examination several enlightenment.The third part has carried on the concrete analysis to our country foreign capital merger and acquisition safe examination current law laws and regulations and the related survey as well as the existence question. Starts from the substantive law flaw to analyze, proposed that must from the foreign capital merger and acquisition safe examination pretage necessary system (admittance system, early warning system, appraisal mechanism and so on), entity aspects and so on law formulation, procedure establishment consummate, to construct and consummates our country foreign capital merger and acquisition safe examination to clear off the mentality.The fourth part aims at establishment foreign capital merger and acquisition safe review mechanism's several conception which our country's foreign capital merger and acquisition safe examination existence question proposed. The author believed that the foreign capital merger and acquisition national security review mechanism is different with the present foreign capital merger and acquisition counter-monopoly review mechanism, should establish a set of independent complete foreign capital merger and acquisition national security examination mechanism. In the legislative process, China must base on the national condition, profits from American, Canadian and Japan's legislative experience, simultaneously pays attention to and the present foreign capital legal framework is coordinated, avoids the excessively many legal resources redundant and the waste. This part from aspects and so on examination object, examination standard, examination institution, audit program, relief measures, executive routine to constructed the Chinese foreign capital merger and acquisition national security review mechanism to carry on the detailed analysis elaboration.