Foreign Merger And Acquisition Of National Security Review Of The Legal System

With the continuous development of China’s economy, attracting foreign investment has become a strong pillar of China’s economic development, but with the recent introduction of the impact of foreign investors in China’s domestic enterprises, such as: the protection of workers’ rights, human resources issues, food safety issues, national industry, and so on, so that more and more attention for foreign investment in2011, the Commerce Department implementation of the provisions of the foreign investor merges a domestic enterprise security censorship, and began to focus on foreign review, for the realization of our legal system and the world of great significance. Text using the method of comparative analysis and case combination, in the case studies under the premise of the laws of China and the United States than on the basis of U.S. law, whichever is the advantages to its dregs, it better be our reference successfully improve the legal system of China’s foreign M&A security Review our legislation also has the significance of cross-age.The first part discusses the basic concepts and theories of foreign acquisitions of national security censorship overview of the analysis of foreign acquisitions of connotation, defining the basic meanings of foreign mergers and acquisitions, and national security, including that of the evolution and content of the concept of national security, and ultimately lead to foreign acquisitions of national security the concept of censorship. The second part of the Foreign M&A takeover of U.S.3Com Company case to Huawei perspective analysis of Huawei M&A failure, combined with U.S. national security review of the legal system, the analysis of its legislative advantages, and be the summary for reference. Be introduced from a quarter of U.S. foreign acquisitions of national security censorship, to examine the object, the review authority, review criteria, review procedures. The third part is from the perspective of legal hierarchy, vertical introduction of laws and regulations on foreign mergers and acquisitions of national security review provisions, and analyzed, cf. The relevant provisions of the United States, found that the deficiencies of our legal system. The fourth part is the basis for the third part, combined with the relevant provisions of the U.S. foreign acquisitions of national security review system, based on the actual situation in China, put forward a sound proposal on the adaptation of laws and legislation to do on foreign acquisitions of national security review system a little contribution.Based on the demonstration of the system for China’s lack of foreign M&A Security Review proposed the following legislative proposals:First, to enhance the legislative level, foreign M&A security review should be elevated to a legal level, not just the normative documents; clear foreign acquisition of the scope of the review of the safety review and clarify the meaning of basic concepts, theories; refinement of the security review of foreign mergers and acquisitions review process, the guidance and supervision of the review, to review the work of a legal basis; is clear and the review body functions perform their duties and division of labor, and lay a solid foundation for the review.