总体国家安全观视角下的外资并购安全审查立法

Legislation for Mergers and Acquisitions of Foreign Capitals Under the Overall National Security Policy

外资并购对中国经济社会发展和国家安全带来的影响不容忽视。中国现有的外资并购安全法缺乏总体国家安全观的引领,重引资轻监管,安全审查范围过窄,应以总体国家安全观为指导、制定外资并购安全审查法律、扩大安全审查范围、完善安全机构配置。

M＆A of foreign capitals has great impacts on Chinese economic and social development as well as the national security. The present law of M＆A of foreign capitals exists some problems such as Jack of the overaU national security policy, focus on capitals introduction but weak supervision, narrow scale of security censorship. This paper pointed out the direction to deal with such threats and challenges： the overall national security should be the guidance, perfect law for the M＆A of foreign capitals should be established, the scale of security censorship should be enlarged and the institution configuration should be improved.