Study On The Legal System Of National Safety Examination Of Business Operators Concentration

China’s "anti monopoly law" came into effect on August 1,2008.Its Article 31 clearly stipulates China’s legal system of national security review,which makes up for the legal gap in the previous legal system of China’s national security review.However,the law itself does not provide any operational procedures for the implementation of such review.In February 2011,the State Council issued the "Notice of the general office of the State Council on the establishment of a security review system for foreign investors’ Merger and acquisition of domestic enterprises",which stipulated the review objects,review standards,review institutions and review procedures of China’s national security review,marking the formal establishment of China’s national security review legal system.This paper analyzes,evaluates and draws lessons from the developed legal system of national security review in the United States and Germany.After analyzing the current situation of China’s legal system of national security review,this paper puts forward some suggestions for improvement in combination with the legislation of the United States and Germany.In addition to the preface and conclusion,the paper is divided into four parts.The first part mainly describes the basic theory of the legal system of national security review.This paper defines the concept of national security and the meaning of national security review of concentration of business operators,expounds the necessity of national security review of concentration of business operators,and the theoretical basis of national security review.The second part discusses the legal system of national security review of concentration of business operators in foreign countries,taking the United States and Germany as examples,and evaluates the review object,review procedure and supervision mechanism of the legal system of security review in the United States and Germany.The third part mainly introduces the current situation and problems of the legal system of national security review in China.It includes the development process of China’s national security review legal system,as well as the existing problems of China’s national security review legal system in terms of review institutions,review scope,review standards and review procedures.The fourth part discusses the experience and reference of our country from the legal system of security review in the United States and Germany,and puts forward the corresponding improvement suggestions for the problems in the third part of our country’s legal system of national security review.