The National Security Review Of Foreign Capital's M&a Legal System Research

Global integration and economic globalization have brought the rapid development of world economy. However, there are still many problems in the rapid development process, such as Energy Shortage, Resources and Environment Pollution and Rampant Terrorism. All of them show the results of the irrational and unbalanced economic development. The Advancements in high-tech and rapid expansions of emerging industrial countries are gradually changing the economic structure. Under this complex background, lots of different powers have interwoven. The complicated situation strengthens states’ worries about movements of funds.In the contradictions among reforming investments, developing economy and enhancing security investigation, each country has been struggling to find a balance point. But the political consideration, financial factors, and legislation techniques with its operational requirements interplay and make the situation complicated and intricate. This thesis discusses the above problems in six chapters. The first chapter introduces the development of merger and acquisition by foreign capital and the effect to our country. The second chapter discusses the concepts analysis of national security review in order to a explicit connotation. The third chapter elaborates the current situation of legislation of national security review and analyzes its defects and flaws. The fourth chapter introduces some problems to the current law and provisions, especially to the standard and the superintendence and remedy of the review. The fifth chapter introduces the advanced experience of legislation of national security review of foreign countries. It mainly discusses the legal problems in the case of merger and acquisitions for the Unocal by China National Offshore Oil Corporation (CNOOC), which are used to evaluate the operation way and effects of the merger and acquisitions by foreign investors to national security review. The sixth chapter discusses the defects of national security review in China and provides suggestions of establishing some systems (including the review subject, review object, review standards, review procedures and its superintendence) in order to achieve the aims of utilizing the foreign capital effectively and fully and avoid the possible disadvantages to national security review in the process of merger and acquisition of foreign capital.