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外國投資者 M&A에 있어 中國의 國家安保審査制度에 관한 法的 硏究 원문보기

  • 저자

    劉鵬飛

  • 학위수여기관

    高麗大學校 大學院

  • 학위구분

    국내석사

  • 학과

    法學科

  • 지도교수

    申昌燮

  • 발행년도

    2014

  • 총페이지

    vii, 118 p.

  • 키워드

    인수합병(M&A) 외국투자자 국가안보;

  • 언어

    kor

  • 원문 URL

    http://www.riss.kr/link?id=T13542538&outLink=K  

  • 초록

    In recent twenty years, with the development of economic globalization, China has been the first choice of more and more foreign investors with the expansion of investment scale. At the mean time when foreign investors bring to China with a large amount of capital, advanced technology, and excellent management experience, they also generate giant impacts towards the society, economy, and legal system in China in the process of violent pursue for profits. Among these investment, cross-border M&A occupies an increasingly larger investment proportion, even penetrating into some industrial fields related with national lifelines such as national defense, telecom and energy. At the mean time, foreign investment can not be controlled effectively due to the relatively imperfect legal system in China, leading to industrial imbalance, severe loss of Stated-Owned Assets, even threatening national security. At present, the relatively imperfect national security review system as to M&A and separate related literature are incongruous with the constant increase of M&A in China. On the contrary, there is a comparably mature legal system as to national security review over cross-border M&A in developed countries. The thesis makes a comparison of specific legal system of national security review over the entry of foreign capital in developed countries abroad, based on which, uses and quotes the advanced systems appropriate for Chinese national conditions, as well as proposes some suggestions about perfecting national review system over cross-border M&A in China, with the hope of providing help for perfecting Chinese national security review system over cross-border M&A.


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