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跨国并购作为外国直接投资的方式之一,是全球经济发展的重要驱动力。投资者并购东道国的现存企业可以十分迅速地进入东道国的某一行业或领域,增加其市场份额进而控制东道国的重要产业,威胁到东道国的国家安全。因此,随着我国“一带一路”战略的实施,外资引入将不断增加,完善健全我国跨国并购国家安全审查制度尤为重要。本文采用对比分析方法,首先讨论跨国并购国家安全审查制度的基本理论,进而比较中美跨国并购国家安全审查法律体系及两国在审查机构、审查范围、审查程序方面存在的异同,借以提出完善我国跨国并购国家安全审查制度的建议。
Cross-border mergers and acquisitions as one of the ways of foreign direct investment is an important driving force of global economic development. The existing mergers and acquisitions of host countries can enter very rapidly in one of the host industries or sectors, increasing their market share and thus controlling key industries in the host country, threatening the national security of the host country. Therefore, with the implementation of the “Belt and Road” strategy in our country, the introduction of foreign capital will continue to increase and it is particularly important to improve and perfect the national security review system for cross-border M & As in our country. In this paper, we use comparative analysis to discuss the basic theory of cross-border mergers and acquisitions national security review system and then compare the legal system of cross-border mergers and acquisitions between China and the United States and the similarities and differences between the two countries in reviewing agencies, the scope of examination and the review process, Suggestions on Cross - border Merger and Acquisition of National Security Review System.