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Effect on Our National Security of Foreign M&A and Its Legislative Regulating

Author: ZhangMiao
Tutor: SunXiaoMin
School: East China University of Political Science
Course: Legal
Keywords: Foreign M \u0026 A National security Legal Regulation
CLC: D922.29;F124
Type: Master's thesis
Year: 2008
Downloads: 261
Quote: 1
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Abstract

Analysis by the United States, two typical cases of foreign mergers and acquisitions, and raises the issue of national security, pointed out that the characteristics of foreign mergers and acquisitions determines its national security of the host country has a negative impact. Therefore, we need to do a good job in the legal regulation of foreign mergers and acquisitions of national security. The author foreign mergers and acquisitions of national security legal regulation is divided into terms of two parts, namely access to foreign mergers and acquisitions industry and foreign M \u0026 A national security review system, and around two points in-depth analysis of the access provisions and legislative issues of foreign mergers and acquisitions industry research and discussion; learn from the United States, Germany, Japan and other developed countries, foreign mergers and acquisitions the outcome of the legal regulation of national security and a series of recommendations on the legal regulation of foreign mergers and acquisitions in China, combined with China's national conditions, hoping to improve the legal system of foreign mergers and acquisitions in China play a certain role in enlightening. Enumerated in Chapter two typical cases of foreign mergers and acquisitions in China and the United States as well as mergers and acquisitions results and analysis pointed out that the national security risk that may arise in foreign mergers and acquisitions on the provisions of the National Security gaps led to the review of Carlyle's acquisition of Xugong case, through case pointed out that the emergence of different results because of the different requirements of the two countries on \The two parts of the security review system. The second chapter describes the need to strengthen the legal regulation of foreign mergers and acquisitions in China. Foreign enter becoming loose legal environment, provide foreign investors to enter the Chinese market, a variety of investment and industry access range expansion, and foreign investment in China M \u0026 A situation analysis is proposed foreign dependence of misunderstanding, and pointed out that foreign investment in how occupy what share in China's market is not terrible, should pay attention to risk control capacity of China's foreign investment into China has no sound legal system regulation of foreign mergers and acquisitions due to the negative impact on national security. Chapter two aspects developed in the practice of national security law regulation and summed up a common legal regulation, to provide reference for China's foreign mergers and acquisitions national security law regulation. Chapter through the analysis of the legal system in China, pointed out the defects of China in this regard, at the same time learn from more mature foreign regulations put forward suggestions for improvement. National Security is a comprehensive linkage concept, rely solely on a review of the state organs can not achieve the purpose of the protection of national security, an inter-departmental review of institutions need to create, review procedures and review standards should be clear, which is to maintain foreign confidence in investing in China the important factors.

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