Font Size: a A A

On Our Country Needs To Be Improved Foreign Acquisitions Of National Security Censorship

Posted on:2011-09-25Degree:MasterType:Thesis
Country:ChinaCandidate:X J L N T AiFull Text:PDF
GTID:2206360308480500Subject:Economic Law
Abstract/Summary:PDF Full Text Request
In the 1990s, foreign mergers and acquisitions (M&A) gradually become the mainstream of direct investment in the world. In recent years, due to the worldwide economic growth and domestic economic status, policies and regulations, M & A cases in China climbed ceaselessly. Face the change of investment forms, we found that M & A is a double-edged sword. On the one hand, it can bring opportunities for China's economic development, speeding up our economic integration with the world economy; on the other hand, it can have a negative impact on our national economic security.In the face of foreign mergers and acquisitions and national security issues, there are two different views internally. One view is that M & A is a normal trade, China's national security is in a very safe state. The other view is that mergers and acquisitions of domestic enterprises with foreign investment on the expansion of the scale in China has created a monopoly in some sectors, and on the development of national enterprises in China have a negative effect, thereby affecting the national economic security.Comparison of these two views, I agree with the latter. Countries open to each other can really bring more benefits fore the country, but the increased interest in pursuing often derogatory for our benefit, cross-border M & A is one such typical example. It may be crisis in industry development and economic security, national brand and private economic growth, and may affect domestic enterprise of independent innovation.From around the world, almost any country has tightened requirements for foreign mergers and acquisitions. Even the United States, the most open countries in the world, its national economic security review system is also complete. So we can not ignore the negative effects brought by the cross-border mergers and acquisitions, but it is not as much as a great scourge. Because we can complete the legal system to prevent the negative effect, making the advantages of foreign mergers and acquisitions to better serve China's socialist economic construction. Most of the world today through the review of industrial policy, antitrust procedures, and balancing national security review process and other means of defense to prevent the negative impact of foreign mergers and acquisitions. But in these methods, the powerful national security review system, with comprehensive, multi-perspective, the flexibility characteristics. It is the cross-border M & A review of the protection of national interests, has a very important role.From our existing legal system for foreign mergers and acquisitions provisions of view, good news is that our legislators and relevant agencies have realized that the tide of economic globalization, to protect our economic security, even national security. And in terms of national security review of the relevant legislation has emerged. However, some of the existing legislation provides for the principle is not only the corresponding provisions of smoke and mirrors of foreign investors, even if their own citizens, even those on some issues related to law enforcement there's a lot of confusion. Such a situation not only pairs the future of national security, while the lack of legal and institutional imperfections in turn affects the foreign investment enthusiasm, because the legal protection of the mature market just is overseas investors are most bullish conditions. Therefore, through this article, the author expounds his view that foreign mergers and acquisitions in the regulation of the legal system, the national security review system has an indispensable role. While the current system of consequential deficiencies in China, but not terrible, because we have the advantage, to avoid the process of pioneer exploration costs, related to the system through the analysis of the United States, each other, hoping to find the most suitable system in our country design.
Keywords/Search Tags:foreign merge and acquisition, national security, national security review
PDF Full Text Request
Related items