The Research On The Legal System Of The National Security Review Of Foreign M&A Under Overall National Security View

It is necessary to improve National Security Review of Foreign M&A under the guidance of Overall National Security View.The Overall National Security View requires the National Security Review of Foreign M&A from two respects: on the one hand,it shall keep balance between opening-up and national security,on the other hand,it should provide the country from an overall respect,we should improve it from legal system,power allocation,procedural regulation and material regulation,combing with the experience of the representative countries in the world to make sure that China can provide the world a solution of economic development in the situation of rising trade protectionism and complex international relations.This article is divided into three parts:The first part: this part introduces the chore concept about National Security Review of Foreign M&A and Overall National Security View,and then conclude that The Overall National Security View requires the National Security Review of Foreign M&A from two respects: keeping balance between opening-up and national security and providing the country from an overall respect.Besides,it also demonstrates the system orientation of National Security Review of Foreign M&A.The second part: this part demonstrates how to meet the requires mentioned above.On the one hand,it summarizes the experience of representative countries from the balance of power allocation,procedural regulation and material regulation;on the other hand,it explains that the untraditional concepts of national security such as culture,technique and so on should be reviewed just as traditional national security such as military and economic.The third part: this part analysis the situation of China`s National Security Review of Foreign M&A,and provides advice from the allocation of power,the procedural regulation and material regulation at the end of the article.