Research On Foreign M&A And The National Security Review Mechanism

Focusing on the research of Foreign M&A and the National Security Review Mechanism, this thesis, from the perspective of international and territorial, by using comparative analysis, analyses and explores the National Security Review of Foreign Merger and Acquisition ("NSRFMA") legal system, especially in the United States and Japan. Meanwhile, based on the analysis of China's current NSRFMA system, and the potential adverse effects on national security, which arise from foreign M&A, this thesis tries to propose some feasible advices on establishing the China's legal system regarding NSRFMA. Except for preamble and conclusion, this thesis contains four chapters, which are as follows:Chapter one introduces the basic concepts of foreign M&A and the NSRFMA, explaining the notions of foreign capital, M&A and the concepts and theory of National Security and National Security Review of Foreign M&A, which stressed on the comparison among national security; national economy security; national sovereignty and national benefit, which pave the way for writing the following text.Chapter two, from the view of international and territorial level, introduces the NSRFMA legal system and discusses the NSRFMA legal system in the United States and Japan in detail by comparative analysis. This chapter mainly researches the NSRFMA legal system in the United States and Japan starting from the legislation and enforcement practice, which can be beneficial to perfect the China's legal system about NSRFMA.Chapter three firstly introduces the previous M&A course and the current NSRFMA legal system in China. Secondly, standing on China's current legal system, describes that the foreign M&A has negative impacts on industry structure, business monopoly, technique control and financial security and combines some specific cases with demonstration analysis.Ultimately analyses the necessity of establishing China's NSRFMA legal system.Chapter Four starts from thinking about how to perfect China's current NSRFMA legal system, and presents some feasible suggestions on the constitution of NSRFMA legal system in China from basic principle and specific system level.