Comparative Research On Foreign M&A Security Review System Of The U.S. And China

Foreign capital M&A is a company of a country merges or buys a company of another country. Foreign capital M&A is a doubled-edged sword. It brings capital to the host countries as well as negative impact. It may cause the loss of technical capacity and the loss of assets in the host country. Important enterprises and industries are controlled by monopoly. Even worse, there is direct or indirect threat to the security of the host countries' politics, economy and society. Therefore, reasonable regulations for foreign capital M&A from a legal view is a significant way for a sovereign state to administrate economic activities in its territorial limits.The sum of M&A of China ranks only second to the U.S. in the world. China has built a series of laws and regulations in succession for the past few years. Because of starting late, the relevant legislations of China should be improved in some aspects, compared with the developed countries. So, using the experience of the developed countries is important for us to perfect China's relevant laws.The thesis is divided into four parts. The first part tells the basic theory of foreign capital M&A security review system and discusses the characteristics and necessity of foreign capital M&A security review. The second part studies the development of the U.S. foreign capital M&A security review system. The third part analyses the development and the shortcomings of China foreign capital M&A security review system. The forth part compares the difference of relevant laws between the U.S. and China, and puts forward some suggestions to complete the foreign capital M&A security review system of China.