| Our country’s national security concept has experienced three stages, they are the traditional national security concept, the transition from traditional national security concept to the non-traditional security concept, and the formation of the general national security concept. The general national security concept includes "four plan as a whole", and put the national security at the core position. As the Marxist national security concept in China, general national security fully embodies the contradiction analysis method and the historical materialist view of Marxist philosophy, and developed the theory of modern national security system. Since China’s accession to the WTO, the foreign transnational M&A is unstoppable, and M&A industry has become increasingly diversified. The multinational M&A is not a general sense of pure investment behavior, it has been a serious threat to our national security, and has repeatedly touched a nerve of the sensitive national security, therefore it had received extensive attention from all walks of life. We should treat Chairman Xi’s general national security concept as the general guiding ideology, to explore the solution to the problem of multinational M&A national security law as well as the countermeasures and suggestions. Under the guidance of "general national security concept", the category of national security in our country has also included traditional and non-traditional national security, including the political security, economic security, cultural security and social security, totally 11 kinds of security.Now the law regulation of foreign capital M&A in national security mainly includes the national security review system, the antitrust review system and foreign industry admittance system. Among them, the foreign national security review system of cross-border M&A is the most direct regulation system, the antitrust review system and foreign industry admittance system indirectly has played an important role in protecting national security. Even then, the foreign capital M&A in our country’s national security law system still have some shortcomings, such as the law effectiveness level is too low, the national security considerations regulations are too lag and unclear, the relevant legislation still rest on simple things, the prevention and the restart of the system are absence. It can be able to cope with the risks of omnidirectional security foreign capital M&A. The difference between national security review and antitrust review is not obvious. The foreign industry admittance system and national security review system is lack of effective cohesion.In response to the national security problems in the legal system in our country, our country should insist on the principle of balance, sets up the concept of national security, deal with the relationship between development and security. In the conflict between them, give priority to national security. To build a legal system of foreign capital M&A national security under the guidance of the general national security concept. Firstly it must treat the three-dimensional defense system as the basic framework, then build the consultation system in front of the M&A, the censorship of the M&A, and the review and restart system after the M&A. Among them, the consultation is voluntary, it is foreign capital merger review declare voluntarily and censors before M&A. Merger review system mainly includes the consideration of system, supervision system and relief system. White, gray, black color system is to identify threats to national security M&A behavior. Next, want to play a fundamental role in concentration control system, establish the antitrust review of foreign capital’s M&A and the transformation of the national security review mechanism, set up specialized agencies to tackle the problem of national security review as soon as possible in the treatment of the coordination on the results of the implementation of the national security review one ticket veto system. |
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