Research On The Legal System Of National Security Review Of Foreign Capital Merger And Acquisition In China

With the development of economic globalization, the world within the scope of anupsurge in foreign capital m&a as the main form of the new wave of investment. Along withthe establishment of China’s wto entry, the investment bank and fulfill the policy of "all theneighbourhood", China’s domestic market will further open, China has already become or isabout to become the next hot spots of foreign-capital m&a. Foreign capital m&a is both ablessing and a curse, however, how can in a reasonable and effective use of foreign capital,promote the development of domestic economy, enhancing international competitivenessunder the premise of maintaining security and domestic industry and national security, isworthy of our thinking seriously about a big problem. Therefore to establish a system for thenational security review of foreign capital’s m&a is also essential for the host country. Manycountries have established the system of national security review of foreign capital’s m&a,including the United States national security review of foreign m&a system is the mostdeveloped and advanced, for countries to follow the regulation of foreign capital’s m&a. Andour country about the content of the national security review of foreign capital’s m&a Chadthough they have involved in the legislation, but are administrative regulations anddepartment rules and regulations on the content of principle, lack of substantive operability.Therefore need to use for reference the experience of the relevant system, on the basis ofseeking perfect fit for the situation of our country’s system of national security review offoreign capital’s m&a related measures.The first chapter is introduction. Introduction elaborated the paper selected topicbackground and significance, and puts forward the regulation of foreign capital m&a is theguarantee of national security the last line of the relief valve. And to review and comment onthe existing related literature at home and abroad in the, state briefly the content of the thesisand the research methods.The second chapter introduce the system of national security review of foreign capital’sm&a related content. Of "foreign m&a","national security" and "national security review offoreign capital’s m&a" three key concepts are analyzed, and studied the foreign capital mergerand acquisition of our country the influence of positive and negative two aspects, illustratesthe necessity of establishing and perfecting the system.The third chapter of the United States national security review system of foreign capital’sm&a visit and using for reference. The paper introduced the development of the system, andfrom the United States review object, scope, authority, procedures and other aspects thecontent, conclusion can be drawn lessons from its advantages, to perfect the system ofnational security review of foreign capital’s m&a in our country provides the reference.The fourth chapter analyzes the system of national security review of foreign capital’sm&a legislation present situation and existing problems. First of all, introduce the system oflegislation of our country, history and the present situation of foreign investment in China’sreview; Secondly, analysis of the defects in the system of national security review of foreigncapital’s m&a in our country, including: the legislative level is low, not a system; Principledstrong, lack of operability; Censors power allocation is not reasonable; The lack ofspecification review procedures, etc. Chapter5for problem of the system of national security review of foreign capital’s m&ain our country, proposed further consummates our country the concrete measures of securityreview system. First, improve the legislative status, build a unified foreign investment law.Second, clear object of examination scope, examination, detailed examination standard, etc;Third, clear censors permissions, establish supervision agencies; Fourth, through the perfectthe review step, set up relief programs and improve consultation mechanism three aspects toperfect the safety review process; Finally in this paper for "all the way" policyimplementation under the new period of our country foreign capital merger and acquisition ofthe development of the national security review system response.