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

This article takes the national security review mechanism of merger and acquisition involving foreign capital as the object of study, mainly uses the comparison research and the empirical analysis method, and layer upon layer to the arrangement of the structure progressively. At the basic of limiting the concept of the national security review mechanism of merger and acquisition involving foreign capital, analyzes the mechanism and effectiveness of which. This article inspects and studies the national security review mechanism of merger and acquisition involving foreign capital of US emphatically, provides uses for reference for the consummating of which of our country. And it finally focuses on our country's current foreign capital merger and acquisition present situation, pointes out the deficiency of our country's current foreign capital merger and acquisition national security review mechanism as well as the potential threat to the national security, proposes suggestion to consummate the national security review mechanism of merger and acquisition involving foreign capital of our country and frames the outline. Except the outside introductory remarks and conclusions, this article has altogether three major parts. The primary structure arrangement and the content are as follows:The first part mainly elaborates the national security review mechanism of merger and acquisition involving foreign capital from the macroscopic angle. It analyzes and researches detailed to the related concept and connotation, the system of the operation for the mechanism, the functional localization and so on. It limits the connotation and the extension of the national security emphatically form the national security's constitution, the national security and the relation of the economy security of our country, the reality connection of national security and national interest and so on; Unifying the background of the economic globalization, analyzes the negative influence and the potential threat of the merger and acquisition involving foreign capital to the host country national security; Discusses the reasons at the deep level of the national security examination to the foreign capital merger and acquisition; The author believes that the national security review mechanism of merger and acquisition involving foreign capital may make up the insufficiency of the conventional method in the aspect of maintaining the national security interests. Its functional localization should be: As one kind of new method for protecting country security interests which emerges day by day, seeking the balance point in the opening investment and maintaining between the national securities.The second part of synthesis uses the comparative analysis and the empirical study method. At first it carries on the summary and the appraisal of the national security review mechanism of merger and acquisition involving foreign capital of main developed countries, abstractly left two kinds of pattern which has the representative system construction. And selects the national security review mechanism of merger and acquisition involving foreign capital of America as the viewpoint, analyzes and studies about legislative background, the standard system, and the most recent development and so on, inspects the organization, the entity content, the procedure and so on which is established under this system. In order to provide the reference for consummating the national security review mechanism of merger and acquisition involving foreign capital of our country.The third part is the key point and also the goal of this article. The author uses the method of the empirical analysis and the induction, further discusses the negative influence from merger and acquisition involving foreign capital to our country national security, evaluates the current national security review mechanism of merger and acquisition involving foreign capital of our country, pointes out the insufficiencies from which of our country's that examination's strong stipulation, lacked principle, short feasibility, confusion of the concept, unclear examination standard and so on; It proposes the constructs of pattern for the national security review mechanism of merger and acquisition involving foreign capital of our country: it should be at the basic of learning from the overseas advanced experience, unifies our country's present situation to construct the perfect the national security review mechanism of merger and acquisition involving foreign capital by authority through special legislation; The article further designs the system from aspects of actual activities and rules of procedure and so on, and makes a preliminary discussion and ponder about whether our country should make special law to the national security review mechanism of merger and acquisition involving foreign capital.