The Perfection Of China 's Foreign Security M & A National Security Examination System

Taking advantage of capital, expertise and advanced technology from foreign investorssince the1980s, the Chinese model of economic development began to change.It isforeign investment that played the vital role in impels the national economy development.However, as foreign capital merger and acquisition has intensified further in China,National security is threatened seriously because of multinational corporations capital isflowing to national sensitive sectors. For safeguarding national security, national securityreview system of foreign m&a had been established in2011.Insufficiency and perfectionof this system are suggested by analysis and reference on national security review systemsof foreign m&a of American Government, Canadian Government and JapaneseGovernment.The article consists of four chapters,about29000words.Chapter one recapitulates the overview of the national security review system onforeign m&a. First,this chapter define the meaning of national security review system onforeign m&a.Secondly,the author elaborate foreign mergers and acquisitions d nationalsecurity review system based on two aspects of reality and legal.Finally, the articlediscusses the significance of this system.Chapter two study on the national security review system of Different Countries. Thenational security review system on foreign m&a of United States,Canada, Japan, has beeninvestigated from the specific content of the relevant legislation and institutionalaspects.And the main approach of the three countries attributed by the author from theaspects of the review body to examine the object, review criteria, review procedures, etc.Chapter three status the current situations and the lack of China’s national securityreview system. Firstly, the status of China’s foreign acquisitions of national securityreview system. Secondly, the lack of analysis of foreign acquisitions of national securityreview system exist,including: legal hierarchy is too low, examine the object is not clear,standard of review is not careful, the working mechanism of review bodies imperfect,review procedures set unreasonable,buffering mechanisms and remedies mechanism is missing, and so the lack of oversight mechanisms.Chapter four study on the perfection of our national security review on foreign m&a.Firstly, improvement of legislation: to enhance the legal hierarchy, clear review of theobject, refined standard of review, the review mechanism to improve and optimize thereview process set up mechanisms to ease and relief mechanism, establish monitoringmechanisms;Secondly,improve the supporting facilities: the establishment of nationalsecurity warning and emergency response mechanism, improve accountability foravoidance behavior afterwards and responsibilities mechanisms.