Research On Issues Of National Security Review System For Foreign Merger

With the world economic activity is increasingly close, the transactions of theforeign acquisition of domestic enterprises is increasing, a potential threat to thenational security of the host country. Therefore, many countries in the world in orderto maintain the safety of their countries, have established the appropriate nationalsecurity review of foreign M&A system. Since the1990s, China’s advocacy of thebasic national policy of the investment, attract investment scale expanding in recentyears, the instance of the foreign investor merges a domestic enterprise is increasing,the national security issues in foreign mergers and acquisitions increased emphasis.Therefore, foreign mergers and acquisitions that national security review system is notonly conducive to China to further improve the foreign acquisition in China’s nationalsecurity review system, but also help Chinese enterprises to go abroad to foreignacquisitions.The purpose of this study is to combine the theory and examples of China’sforeign M&A-related legal system to analyze and make recommendations accordingly.In addition to the "Introduction" and "Conclusion", consists of four parts. Theconcrete structure is arranged as follows:The first part described the national security review of foreign mergers andacquisitions have a clear understanding of the concept of security review system onforeign mergers and acquisitions. Then describes and analyzes the theoretical basisand the need for foreign M&A review of national security.The second part of the system described national security review of foreignmergers and acquisitions of several typical system, analysis of foreign M&A securityreview followed the principles and the principles of how to be reflected in the legalsystem in these countries, and from the object of the review, standards, procedures,three aspects of comparative analysis in order to improve China’s foreign M&A ofnational security censorship.The third part of the first two instances of foreign mergers and acquisitions thethreat posed to our national security. Then introduced the latest developments ofChina’s foreign M&A national security review system, and briefly introduced the "notice" of the State Council and the Ministry of Commerce implementing regulations,and then from the legislative level and the level of implementation of the law, thenational security of China’s foreign M&A the problems of censorship, the summaryexplained.Part IV of the problems related to the legal system for China’s foreign M&ASecurity Review and from the legislative level and the level of implementation of thelaw a corresponding improvement recommendations.