The National Security Review Of Foreign Capital's M&a System Research

Countries have set up national security review system for foreign M&A in order tosafeguard the state security and introduce the foreign capital to develop domestic economy.Lacking of comprehensive system will have a bearing on national security.This papercompares the system with those countries such as USA, Canada and UK. Throughanalyzing the different countries’ system, this paper puts forward some suggestions toperfect China’s system.This paper consists of four chapters, about25000words:Chapter one provides a brief introduction of national security review system forforeign M&A. Firstly, it introduces relevant concepts of national security review systemfor foreign M&A, including concepts and features of national security, foreign M&A,national security review system; Secondly, it expounds the basic principles of the system,including the principles of safegarding national security and national interests, fair andreasonable, moderate proportion and open, transparent. Finally, it analyzes the value basisof its existence: protecting national industry and promoting industrial structure balance;safeguarding national security and national interests.Chapter two analyzes the national security review system for foreign M&A in othercountries such as the United States,the United Kingdom and Canda. The main contents ofreview, review procedures and supervision and relief mechanism are introduced. At last,two legislative modes were summarized to provide a reference for China’s legislation.Chapter three elaborates the current situation and disadvantages of the system inChina. Firstly, it analyzes the current situation of legislation and review of nationalsecurity review system for foreign M&A. Secondly, it analyzes the disadvantages of thesystem in china, including imperfection of perfect legislation, ambiguity of review scope,imperfection of review procedure and lack of effective supervision and relief mechanism,ect.Chapter four explores the perfection of national security review system for foreign M&A. First, it demonstrates the legislative conception of perfecting the national securityreview system for foreign M&A, including legislation principle and mode; Secondly, thebasic contents for perfecting this system are put forward in detail from the aspects ofdefining review scope, clarifying review contents and completing review procedure. Then,it states the related mechanism for completing national security review system for foreignM&A, including the establishment of national security review information sharingmechanism and emergency warning mechanism.