On the perfection of the foreign investor acquires a domestic enterprise administrative review process

Of economic activities in the countries to implement a certain degree of intervention is the world prevailing economic policies. In China, because they belong to a planned market economy, the scope and extent of state intervention in the economy compared to the West's full market economy is much greater. State intervention in the economy is the legal, economic and administrative means. On the use of administrative means to intervene in terms of economic activity, there is always a \Foreign investor acquires a domestic enterprise activities are an important form of foreign investment. Decision by the degree of social and economic development in China, China also can not exercise complete national treatment to foreign investment, a certain range and part of the administrative licensing system settings or necessary. Foreign investor acquires a domestic corporate events and more technical aspects, affecting a wide range, corresponding to the administrative licensing matters and review department, non-domestic economic activity generally comparable administrative licensing matters. September 8, 2006 by the Ministry of Commerce and other six departments jointly issued by the entry into force of the Acquisition of Domestic Enterprises by Foreign Investors' requirements only from foreign investor acquires a behavior management point of view, there is no specific by which to judge administrative review organs administrative review of the legality of acts and appropriate procedures system settings. At present, a variety of academic works published by the academia are starting from the perspective of substantive law, are brainstorming for the administrative review authority nature, but also the lack of quality study how mergers and acquisitions of domestic enterprises by foreign investors administrative review procedures for legal articles. This paper argues that our theoretical circles understanding of the relationship between the interpretation of the concept of legal proceedings, administrative proceedings, administrative review, administrative examination and approval, the administrative licensing and administrative review procedures and related concepts also a bit confusing, there is considerable controversy. Clearance connotation and extension of these concepts to sort out the relationship between these concepts to solve the foreign investor acquires a domestic enterprise administrative review process improvement work is an essential basis. The article first administrative review of the concept of analysis to define the administrative review of the relationship of the concept Discrimination. The second part of this paper analyzes the characteristics of the administrative review of the behavior of the acquisition of domestic enterprises to foreign investors, put forward China's current foreign investor acquires a domestic enterprise administrative review process of the legal system mainly by the two departments of the Administrative Procedure Act and the Foreign Investment Law, but there are defects in the legal system settings and specific legal provisions. The legal system settings defects, lack of a unified basic system and basic principles; system settings of the proceedings is too brief; some of the basic system and basic principles set by the administrative rules and regulations, the violation of the Legislation Law. Specific legal provisions defects, the nature of the review is not clear or too single; review is not clear; the provisions of the review period is relatively simple. The third part of the article for the second part of the existing foreign investors in China M \u0026 A of Domestic Enterprises administrative proceedings, the legal system defects Acquisition of Domestic Enterprises administrative proceedings, the legal system put forward by the method of comparative law research on improving China's current foreign investors some Specific recommendations. The main point is: It is recommended that as soon as possible to improve our foreign investor acquires a domestic enterprise administrative review process legal system; clear review matters the nature of the review, the review based on the purpose of the review take the form of review, compromise review and substantive recommendations on specific legal provisions: review specific review steps required for different purpose of the review and the corresponding review period.