20世纪90年代,外资开始以并购的方式进入中国,近年来,其并购额飞速增长,在可以预见的将来,中国必将面临并购高潮。外资并购,为中国经济注入了活力,但客观上,中外目标存在差异,加之国内有关外资并购的法律尚不健全,这就对我国的经济安全构成了威胁,因而需要建立监测预警机制,防范外资并购所带来的垄断风险、国有资产流失的风险,保障我国的产业安全等。对此,需要进行相应的法律构建,以监管日益汹涌的外资并购潮,在安全与效率的原则下,达到“双赢”的效果。 In the 1990s, foreign capital began to enter China by way of mergers and acquisitions. In recent years, its merger and acquisition volume has been rapidly increasing. China is bound to face the climax of mergers and acquisitions in the foreseeable future. Foreign mergers and acquisitions have injected vitality into the Chinese economy. However, there are objective differences between China and the rest of the world in their goals. In addition, the domestic laws on mergers and acquisitions by foreign investors are not yet complete. This poses a threat to China’s economic security. Therefore, it is necessary to establish a monitoring and early warning mechanism to prevent foreign investment Monopoly risks brought by mergers and acquisitions, the risk of loss of state-owned assets, and safeguarding China’s industrial safety. In this regard, the corresponding legal construction needs to be carried out to oversee the ever-increasing wave of foreign M & A and to achieve the “win-win” effect under the principle of safety and efficiency.