A Comparative Study Of The National Security Review Of Foreign Capital's M&a Standard

Facing with the risk of foreign mergers and acquisitions, national security review has been a routine means of defense for countries around the world. Until2008, China proposed to establish the national security review system, and until2011, the government identified the scope and the process of the national security review. Relative to the30years of construction of the national security review in the U.S.A, there are many things to improve for us. The national security review system of The United States is the world’s most mature and the most comprehensive, we should learn from the advanced experience of the U.S.A. And through combined with the reality of our foreign mergers and acquisitions, it is a positive meaning for Chinese migration and innovation. First of all, national security is a core concept in the national security review, when we research the national security review standard, we must be clear what is national security. Traditional view is international relations, legal aspects, international interests and new security. But with the deepening of economic globalization and national interests changing, the concept of national security also changes. It has from the traditional military, political and security extended to non-traditional security fields, including but not limited to political security, economic security and cultural security. Second, economic globalization is a double-edged sword for national security. On the one hand the requirement of freedom challenges national security; the other hand, economic globalization also has a role in promoting the protection of national security, especially the provisions of the WTO Security Exception provide a basis of protecting national security.Third, we should adhere to market-driven when protecting national security, and should not damage the free competition of the market, the government intervention can only be a secondary rather than a leading role. Finally, we should improve the start standards and standards for determining. And must have a clear object to start the national security review and make detail provisions on how to identify.