Research On "Foreign Government-controlled Transaction"from The Perspective Of National Security Review

In recent years, China’s foreign investment has been on the high-speed growth of Chinese domestic investors in2013a total of5,090foreign enterprises worldwide156countries and regions were direct investments, the cumulative non-financial direct investment90.17billion U.S. dollars, an increase of16.8%. However, Chinese companies in mergers and acquisitions as a means of large-scale foreign direct investment in developed countries have resisted these countries. Developed countries on foreign direct investment of Chinese enterprises set up numerous obstacles. The reason, in addition to political factors institutional differences, the investment objective of the government for foreign-invested enterprises in the "government control" factor is also quite concerned. So invest in a mufti-national security review of cases from the merger, the "government-controlled transaction" has become China’s enterprises overseas direct investment, putting the "going out" strategy stumbling block.This article is based on our faces overseas investment "government control transaction," the plight of the status quo, by conducting research and analysis of the relevant restrictive rules "government-controlled transaction" under national security review system in developed countries, combined with the recent foreign direct investment of Chinese enterprises often defeat many case studies, propose to change the current plight of China’s overseas direct investment proposals and countermeasures.This paper is divided into four chapters, including:The first chapter, the national security review and a "foreign government-controlled transaction " relationship. Focuses on the " foreign government-controlled transaction" originated in development, the development and changes of "national security " concept, and the causal relationship between the two.The second chapter of national security review of foreign investment rules and the restrictive effects on China. This chapter focuses on the United States, Canada, Australia, Russia and the four countries affected national security censorship and restrictive rules related to a "foreign government-controlled transaction," and these restrictive rules on China’s overseas investment. Chapter Ⅲ, overseas investment facing a "foreign government-controlled transaction " dilemma background. Discusses the causes of our current predicament faced by overseas investment," foreign government-controlled transaction" major performance and produced this predicament.The fourth chapter, to deal with " foreign government-controlled transaction " dilemma countermeasures. This chapter is based on the present stage of the legislative bottleneck of China’s overseas investment protection, inadequate way of post-BIT imperfections exist, resolve investment disputes, put forward relevant countermeasures and suggestions on China’s overseas investment protection.