An Analysis Of The Legal Issues In The National Security Examination Of Foreign Capital Mergers And Acquisitions

National security review system of foreign capital’s m&a is to safeguard national security, introduction of foreign capital to develop national economy. As large-scale foreign mergers and acquisitions in the global range, the system errors will make the face a major threat to national security. This paper successively from the legislative model, solid content, procedure and supervision and remedy mechanism four aspects analyzes the United States, Germany, Canada, and Japan’s national security review system of foreign capital’s m&a, on this basis in view of the situation of our country and the insufficiency, proposed Suggestions of perfecting our country’s system of national security review of foreign capital’s m&a.This article is divided into six parts.The first chapter explains the national security review of foreign capital’s m&a system overview. To national security in the international and domestic first how to define the key issues in the development and current situation are analyzed, and the second national security review of foreign m&a balance to maintain national security and expounds the functions and features of opening to the outside world, the paper analyses the cause of the national security review of foreign capital’s m&a again the necessity, the national security review of foreign m&a three important basic principles are analyzed, the three basic principles are:to maintain international economic security principle, proportion principle and principle of fair and reasonable.The second chapter explains the national security review of foreign capital’s m&a legislation mode comparative analysis. First of all, the United States, Germany, Canada and Japan the legislative system of the four countries are analyzed and compared, which can be roughly divided into special legislation and decentralized legislation two modes, then analyzes the legislative current situation of the national security review of foreign capital’s m&a and the insufficiency, absorbing the advanced of the above four countries, put forward Suggestions for the perfection of the national security review of foreign capital’s m & a in our country.The third chapter mainly introduces the national security review of foreign capital’s m & a entity content of comparative analysis. Also is the first to the United States, Germany, Canada, Japan, the four countries the entity content of comparison and analysis, specific criteria from censors, audit object and review three aspects to carry on the analysis, on this basis analyzes the entity content present situation and the insufficiency, improving Suggestions finally.The fourth chapter mainly to national security review of foreign m&a analysis program. First of all, the United States, Germany, Canada and Japan four countries analysis program, the program in the United States is more perfect than any other country on this basis the paper analyzes the current situation of our country in the aspect of application and disadvantages, finally, the Suggestions to perfect our national security review of foreign capital’s m & a procedure.The fifth chapter mainly introduces the national security review of foreign capital’s m & a supervision and remedy mechanism of comparative analysis. Agree with above, respectively, of the United States, Germany, Canada and Japan four national supervision and remedy mechanism of comparative analysis, the first two regulations of the state, the supervision mechanism, the latter two regulations of the state, the remedy mechanism, after the comparative analysis to the above four countries, explores the present situation and the insufficiency in supervision and remedy mechanism in our country, finally put forward in the summary Suggestions for the perfection of supervision and remedy mechanism and supporting system.