The Research On The National Security Review Mechanism Of Merger And Acquisition Involving Foreign Capital

This article introduces the subject of national security review mechanism of merger and acquisition involving foreign capital, mainly analysis the system of the US state by using comparison research method, in order to make contributions to our state's theory and practice fields. The article focuses on the current situation of foreign capital merger and acquisition in our country, it points out the deficiency of current foreign capital merger and acquisition national security review mechanism as well as the potential threats to the national security, finally it outlines a framework and proposes suggestions to consummate the national security review mechanism of merger and acquisition involving foreign capital of our state. The article is divided into four parts, the primary structure arrangement and contents are as follows:The first part mainly elaborates the national security review mechanism of merger and acquisition involving foreign capital from macroscopic point. It makes detailed introduction and analysis on the connotation and the extension of related concepts and the system of the operation mechanism. It also analyzes the negative influence and potential threats of the merger and acquisition involving foreign capital to the host country's national security under the background of economic globalization, and then further discusses the reasons for the national security review to the foreign capital merger and acquisition.The second part mainly discusses the current legislation of national security review mechanism of merger and acquisition involving foreign capital in our country through using normative and induction analysis methods, which points out that the stipulation and the measures just stand on the surface of principle, lack enforceability to some extent, some of the conceptions in the legislation are easily confused, and also exists the problem of unclear examination standards in the practice.The third part discusses the patterns of the system construction of foreign countries using comparative and normative analysis methods. It selects the national security review mechanism of merger and acquisition involving foreign capital of the US state as the major point to make analysis, including its legislative basis and the newest development and so on, in order to provide reference for our country of consummating the national security review mechanism of merger and acquisition involving foreign capital.The fourth part mainly uses the induction and the normative analysis methods. It makes a preliminary discussion and ponders about whether our country should make special law on the national security review mechanism of merger and acquisition involving foreign capital, in order to propose a pattern of the national security review mechanism of merger and acquisition involving foreign capital for our country, which basing on learning from foreign countries' advanced experience, as well as making consideration of our country's current situation, and finally to design a relative prefect and suitable system from aspects of actual activities and rules of procedure by authority through special legislation.