A Study On National Security Review Of Foreign Mergers And Acquisitions

With the situation of international economic globalization, the transnational merger and acquisition of capital has become the main way of international direct investment. Global capital flow has become an important mode of the current international economic. The opening-up policy of China and joint WTO push the foreign investment become an important part of Chinese economic development. We got the capital technology and advanced management experience from the foreign investment while it brings threats to our economic structure and industrial safety. These threats are the reason of study the national security review system.The national security review of foreign capital’s legislation has been a long story, it is administrative regulations and department rules’ principle stipulation which lack of substantive operability. The Antitrust law of2008first time refers to review of foreign investment, then the General office of the state council gave a notification about establish the Censorship of foreign investors merger domestic enterprises and the Commerce department to implement it, these formed the basic framework of security review of foreign merger to some extent, but has shortages in specific details.About the concept of national security in foreign merger in our country is mainly concentrated category of national security at the present. The current world economy has entered a highly development information technology time but brings more industry security and information security problems to the transnational merger and acquisition. How to use the foreign investment security review to avoid these new risks is the in need of a breakthrough.There are some advices of the shortages of our country foreign merger investment security review.First part is mainly about foreign merger, national security and security review. Discuss the necessary of national security review of foreign capital merger system through the theory basement of it.Secondly, analyze the structure of security review of America, Japan and Canada to give some inspirations to Chinese security review system. Thirdly, find the problems and shortages of our country current national security review system’s framework form the developed countries.Fourth, give some advices to develop the security review system of our country aiming at the problems in the third part.