Study On The Comparison Of The Sino-US National Security Review System

More frequently transnational mergers and acquisitions (TMA) betweencountries enhanced the economic communications of the world, and the hostcountry had paid much more attention to the problem of the nationalsecurity. Therefore, many countries established their own nationalsecurity review system of transnational mergers and acquisitions(NSRSTMA). With the different economic development among the counties,some rules of the NSRSTMA are different while others are almost the same.Considering to the urgent situations, China began to establish its owndistinctive characteristic NSRSTMA. However, it is until early February2011, that a national security review regime was formally launchedpursuant to a notice promulgated by the State Council. On25August2011the Ministry of Commerce issued the Provisions on the Implementation ofSecurity Review System for Mergers and Acquisitions of DomesticEnterprises by Foreign Investors, taking effect from1September2011.The above fluently legislative activities not only mean China began toestablish the detail rules under the NSRSTMA, but also China’s scrutinyover the security of the TMA has become tightened.The thesis is keeping up this new trend. The NSRSTMA is becoming prevalent around the world, not the way of the trade protection. Thisremark legislation is a key step forward of China’s efforts to protectthe national interests under the WTO rules. The importance of thislegislation is not only putting the NSRSTMA into domestic administrationsystem, but also good for the existing open policy for foreign investment.This thesis consists of the three chapters, and each chapter explainsthe questions related to the NSRSTMA. Some comparative methods are appliedin this thesis to find the weak points of China’s NSRSTMA. Finally thethesis provides some proper suggestions for China’s improvements.Chapter one gives the general descriptions of the NSRSTM. The firstsection analyzes the definitions, the characteristics and the contentsof the NSRSTMA. The second section concludes the importance andsuperiority of the NSRSTMA. The third and the last section draws the reasonwhy to research on the comparisons of the Sino-US NSRSTMA.Chapter two focuses on the research about the legislative frameworkand process design of the NSRSTMA in US. In addition, the author analyzesthe advantages and functions of the American NSRSTMA.Chapter three does the research about the legislative framework andprocess design of the NSRSTMA in China. Compared to American NSRSTMA,China’s NSRSTMA has some weak points. At last, the author draws theconclusion about how to improve China’s NSRSTMA step by step.