Briefly Describes The National Security Review Of Foreign Capital's M&a In Our Country Legal System

Foreign Mergers&Acquisitions (M&A) is also called cross-border merger&acquisition (or Transnational Merger&Acquisition). Since the90’s of last century, a cross-border M&A wave sweeps the whole world. With the development of the economic globalization, especially after joining WTO in2001, foreign M&A has taken the place of Greenfield Investment, and become one of the main foreign direct investment forms in China. According to the latest data of Qingke Research Center,there were34M&As taking place in China in the first half of2011, involving2.805billions U.S.S. Foreign M&A has renewed the record Of2008.Foreign M&A increases rapidly in China, it does not only bring the money which China needs to develop its economy, but also brings technology and management experience. But meanwhile, Cross-border M&A is an anlace, one aspect of it,is the dis-advantage of it to China’s economy development. These transnational corporations use their financial and technology advantages to form market monopoly by directly taking over China’s companies, which finally effecting China’s nation’s security. As a way to keep national security, the system of the national security review of foreign M&A has been used widely by many developed countries. Nowadays, with the rapidly increasing of the numbers of foreign M&A in China, we have to establish and develop our national security review of foreign M&A, to defend our economy and national security.Therefore, the main body of this thesis has three chapters, in addition to introduction and conclusion. In Chapter One, it is a summary of the whole thesis, and it defines main concepts,such as’foreign investment’,’foreign M&A’and’national security review of foreign M&A’.Then, it demonstrates the theoretical basis of our national security review of foreign M&A through law theory basis, key cases and necessity of establishing national security review of foreign M&A in China. In Chapter Two, it mainly comparatively studies the national security review of foreign M&A of U.S.A, Japan and Germany, which providing China a model. The last chapter, in Chapter Three,the thesis analyzes the shortcomings of China’s system. It gives some suggestions about our national security review of foreign M&A in China,by summing up the advanced experience of the developed countries, basing on our specific conditions. Finally as a conclusion the author of the thesis, gives some suggestions on national security review of foreign M&A of China, in order to perfect the system of China.