Study Of Administrative Review System Of Our Country About Cross-border Merger And Acquisition

Cross-border Merger and Acquisition has an in increasing percentage in today’s world economy activities with making more and more effects to the society, among them, there are also negative effects, which appears making strike to the country’s industry policy, forming corner on the market and threatening country’s economy safety. In view of such negative effects, the government shall take its part in the economy activity through enforcing administrative review to related Cross-border Merger and Acquisition in order to control the effect and have a defense function. In our today’s laws, there are three kinds of administrative review aiming at Crossborder Merger and Acquisition by the government. They are industry-admittance review, anti-monopoly investigation and nation-safety investigation. With the base of such three administrative review, the administrative review system of our country takes shape. This article first makes the theoretical definition of every separate administrative review to Cross-border Merger and Acquisition and then with a basic practical analysis, combs our country’s whole administrative review system related to administrative review system. As the same time, this article analyzes the problems in every review and makes some reasonable suggestions.This easy consists of the following chapters:The introduction points out the positive and negative effects cross-border merger acquisition may bring by introducing the background that the percentage of cross-border merger acquisition in the international direct investment is becoming higher and higher, and has a scale expansion in the China’s cross-border investment. Then the introduction points out that integral study of Chinese cross-border merger acquisition system is really rare and thus there is academic and practical value of the essay.The first chapter shows the overall general situation of administrative review system of our country about cross-border merger and acquisition. Firstly, it introduces the definition of cross-border merger and acquisition and administrative review system about cross-border merger and acquisition. Secondly, it illustrates the necessity to establish administrative review system about cross-border merger and acquisition, including: a. helping to implement national policy, b. helping to protect fair competition in the market, c. helping to protect national economy security.The second chapter introduces the industry-admittance review in the administrative review system about cross-border merger and acquisition. Firstly, it introduces the definition of industry-admittance review, the necessity of its existence and the relationship with the other two reviews. Secondly, it shows the legal basis and the detailed review process in practice according to the existing laws and regulations about industry-admittance review. Thirdly, it illustrates the shortage of the existing industry-admittance review and makes some relevant suggestions.The third chapter introduces the anti-monopoly investigation in the administrative review system about cross-border merger and acquisition. Firstly, it introduces the definition of anti-monopoly investigation, the necessity of its existence and the relationship with the other two reviews. Secondly, it shows the legal basis and the detailed review process in practice according to the existing laws and regulations about anti-monopoly investigation. Thirdly, it illustrates the shortage of the existing anti-monopoly investigation and makes some relevant suggestions.The fourth chapter introduces the nation-safety investigation in the administrative review system about cross-border merger and acquisition. Firstly, it introduces the definition of nation-safety investigation and the necessity of its existence. Secondly, it shows the legal basis and the detailed review process in practice according to the existing laws and regulations about nation-safety investigation. Thirdly, it illustrates the shortage of the existing nation-safety investigation and makes some relevant suggestions.