Study On The National Security Review Of Foreign Acquisition

The booming of foreign acquisition of domestic enterprises was emerged as China's economy integrated into the world economy after its accession to the WTO. The national security of China is rapidly becoming one of the hottest issues since transnational corporations use their advantages to control the Chinese industry, marginalize Chinese ethnic brands, make monopoly profit from it, and also bring other adverse impacts to domestic enterprises. How to build a system for National Security Review of Foreign Acquisition("NSRFA") has become an urgent problem for the scholars in international economic law and the legal practitioners in related fields with the promulgation and implementation of "Merger with and Acquisition of Domestic Enterprises by Foreign Investors Provisions " and "People's Republic of China anti-monopoly law". The NSRFA matters about how to safeguard the healthy development of the economy and ensure the national security, with which has a very important theoretical and practical significance on the improvement of our country's economic competitiveness and the promotion of the harmonious developmentThe NSRFA, by the interests of national security, which reflects the national security strategy at the field of foreign investment, is the host countries' foreign capital regulating conduct based on national sovereignty. And it is world widely recognized and implemented. This paper analyzes and researches the NSRFA legal system of some developed countries like the United States, Canada and Japan at the aspect of comparative law. At the same time, China's existing NSRFA is introduced and be given suggestions to on the basis of a full analysis.In addition to Preamble and Conclusion, this thesis comprises 5 chapters, the abstracts of which are as follows:The fist chapter elaborates foreign acquisition and the NSRFA from the macro perspective. It respectively introduces and analyzes the definition,characteristics of foreign acquisition and the concept, type and significance of the NSRFA.ChapterⅡanalyzes the legitimacy and the rationality of the NSRFA from the legal point of view. The author believes that, as government's one mean of control of the foreign capital acquisition market, the NSRFA has it legitimacy of existence on the international law, and the rationality on protecting the host country from the foreign adverse impact.ChapterⅢmainly introduces the NSRFA legal system in United States, Canada and Japan at the aspect of comparative law. It compares from the point of legislative model, substantive rules and procedural rules, reveals the references to China's relevant legislation.ChapterⅣintroduces the current NSRFA and its defects. There are some problems concerning the principled policies, the lack of operability in legislation, the confusing concepts, and the blind spots existing in both the "Merger with and Acquisition of Domestic Enterprises by Foreign Investors Provisions " and "People's Republic of China anti-monopoly law".ChapterⅤgives suggestions to the improvement of the NSRFA. The author believes a comprehensive NSRFA legal system should be built at the basis of the existing legal provisions, and learns from the United States, Canada and Japan's legislative experience. This chapter gives a detailed elaboration on the improvement of the NSRFA from the aspect of legal system construction, the specific scrutiny object in the legislation, review standards, implementing agencies, review procedures and the supervision of implementation.Research methods employed in this article are systems analysis method, historical method, comparative methods, and other methods of law study.