Study On The Legal Review Of Foreign Capital M&A In China’s Agricultural Industry On The Perspective Of Industry Safety

The background of growing economic globalization improve and affect profoundly China’s agricultural economy development mode, mainly including the absorption of FDI and its utilization. This article is a comprehensive study of the agricultural industry fields. Based on the perspective of industry safety concept, it conducts the actual effects on China agricultural enterprises by M&A of foreign capital, and the analysis of the foundation and loss of the current on-the-going legislation. The thesis concentrate in the construction of content framework of the legal supervision and protection system. The research framework is designed as following:Part1:Agricultural industry safety research under the background of economic globalization. This section defines the basic concept of the national economic security, industrial safety and the agricultural industry safety and etc. It points out the pivotal position of the agricultural industry safety in the state economy security system, and its extending connotation. Taking China as an example, it discusses the agriculture in developing countries under the background of overall situation, and analyses the M&A modes under the trend of the investment liberalization,the facing crisis and challenges of our country agriculture industry using foreign capital.Part2:The research on the actual environment and legal theory foundation of domestic agricultural enterprises by foreign capital M&A. This part highlights the difference between the M&A mode and the traditional green field investment mode, and the monopoly risks and industrial safety threats. This part takes typical sample case of foreign capital M&A in our agriculture field, pointing out current domestic agricultural industry should exist some problems when facing of foreign capital M&A, concluded that the current agricultural areas of legal supervision and protection of the system construction has already constructed a basis, and presents realistic necessity and urgency.As for all kinds of problems faced by our foreign investment supervision and agriculture safety maintenance legislation, from the typical censorship and security system of the developed countries, it puts forward the basic perception that construction of agricultural industry safety law should acquire in the future, and the establishment of the basic principles for agriculture&the special value pursuit in the legislation.Part3:This part is the subject and the core content of this article as well as the research on the parallel perfect and coordination of anti-monopoly review&industrial safety review, and the two kinds of the system review in foreign capital M&A of agriculture enterprise. This part, as the foundation and the core of industry safety legislation, puts forward the concept of parallel review. Introduced in China’s current antitrust review and industrial safety review of the utility implementation, significance and its loss, it analyzes two kinds of contact and functional differences between the systems, and puts forward the contents of each of censorship in the need to improve the legal standards, especially establish some applications in the risk assessments, and merger review on legal protection standards&consideration from the principle when the standards applied to the agricultural industry.On this basis, it arguments the two censorship systems would conduct the parallel perfect, in different fields in the practice.They should play the complementary role to one another, also achieve communion legislative objective,with the purposes to improve our country’s basic economic security. In the process, foreign investment direction and access of the actual standards should be timely changed and improved to support the industrial policy and industry development philosophy. Finally, from the long view, it puts forward the construction of the uniform state industrial safety law and the legislative proposals in categorizing the basic industries fields。Part4:This part is research on the improvement on comprehensive legal environment for foreign direct investment in China agriculture. It aims to promote the balanced development of agriculture industry structure.Therefore, it introduces the reform and improvement for the foreign law requirements, and its industry method and legislation competition. In the overall view, legal environment unity in the basic law of the foreign capital and foreign capital’s M&A law shall be great help in agriculture and investment safety in reasonable degree. At the same time, the investment environment of comprehensive optimization also requires the complementary improvement in agriculture field to attract requirement in foreign investment environment protection as well as the standards of intellectual property rights protection. Consolidating support on agricultural technology investment and the efforts on rural financial security, cultivate the leading agricultural enterprises to compete with the leading transnational agricultural enterprises.Based on the economic overall safeguard in the agricultural industry field, this research concluded the following basic points hereinafter, for the purpose of constructing the legal system as safeguard in agriculture field:The premise of the establishment of the legal system as safeguard is stated as: improvement on anti-monopoly in the field of competition policy and industrial policy review in the field of industrial safety review, solution of the conflict or repetition, definition on their value orientation, censorship standards&focus, coordination between the two kinds systems of examination the legal supervision role in the practice.The core is stated as:anti-monopoly review to prevent malicious M&A, regulation on monopoly, elimination on disturbing the order of market competition evolving into monopoly as the key point, industrial safety review to defend national the basic safety of the important industry and the autonomy as the core, and the combination of the host country investment strategies&industrial safety improvement and the goals of sustainable development. The supportive legal system environment is stated as:this system should accommodate compatibility and auxiliary quality, the supportive measures and policies of various legal provisions. The key point is the optimization of foreign investment legal environment, including advancing current foreign investment law and the unity of foreign capital M&A law, focus on the improvements on the introduction of the agricultural technology in the intellectual property rights protection system and etc.The ultimate goal is stated as:construction of independent and unified "The State Economics safety law", and achievement of division of the foundation in agricultural, industrial and services industry.