A Study On The Legal Problems Of China 's Foreign Capital M & A National Security Review

Since the reform and opening up, China’s utilization of foreign capital to Green Investments.In recent years, with the rapid development of China’s market environment, the rapid development momentum of foreign mergers and acquisitions.Foreign mergers and acquisitions to promote the diversification of foreign investment in China, for China’s market-oriented economy has a positive role in promoting development in many ways, but if the lack of proper management, will also have an impact on national security. For this reason, the 2007 "anti-monopoly law" put forward the need for foreign mergers and acquisitions involving national security, national security review in accordance with relevant provisions of the state; in 2006 to 2010 by the State Council, the State Council, the Ministry of Commerce, Development and Reform Commission and other departments issued a plurality of continuous regulations and speeding up the construction of foreign mergers and acquisitions safety review system. In the economic globalization today, especially in China’s opening up efforts to further increase the area under way to gradually implement the policy environment, establish and improve the foreign mergers and acquisitions safety review system is imperative.Foreign mergers and acquisitions security review in order to safeguard national security as the core, the establishment of Foreign mergers and acquisitions safety review system will help improve the utilization of foreign investment policies and regulations to improve transparency, predictability, and promote the orderly development of Foreign mergers and acquisitions. Foreign mergers and acquisitions security review in order to safeguard national security as the core, the establishment of Foreign mergers and acquisitions safety review system, in favor of China in recent years intensified after the relevant legislation, in complying with WTO principles on the basis of, and also learn from the experience of the United States, Canada and other countries. But our country by foreign capital to establish a security review system started late, regulations on foreign mergers and acquisitions less experience, so there are legislative imperfections. In this paper, some of the current problems of foreign mergers and acquisitions of national security review system to explore.In addition to the introductory part of this article briefly describes the main methods of foreign investment to develop this paper, the status quo and outside, is divided into five parts: The first part introduces the development status of foreign mergers and acquisitions of national security review of the existing legislation and typical cases both as an entry point from point to area, see the strengths and weaknesses of the existing legal system; The second part introduces some basic principles of the national security review of Foreign mergers and acquisitions, foreign mergers and acquisitions of national reviews to analyze the value orientation; The third part discusses the national security review of foreign mergers and acquisitions in the legislative process a number of issues, including the choice of legislative mode selection and select the supervision mode of supervision mode, etc.;The fourth part discusses the issue of foreign mergers and acquisitions of national security review process, including the content of the informal consultations to review the system before the reporting procedures and the secondary review procedures; The fifth part discusses the process of mergers and acquisitions of foreign entities in several standards, including foreign investment and mergers and acquisitions of recognized standards and certification affecting national security considerations etc.