Dissertation On Market Access On Attracting Foreign Capital--And Improving The Legal System Of Foreign Investors' Merger And Acquisition On Entry

Since 1990's, foreign capital's entering China by Merger andAcquisition has been animportant trend of Foreign Direct Investment in China. However, there are many problemsfor regulating Foreign Investors'Merger andAcquisition (FIMA) on the stage of entry inChina. The article puts forward some legal suggestions of which improve the legal systemof FIMAon the stage of entry.The conclusionisbasedonstudyingthefollowingproblems:(1) the relationship between market access and attracting foreign capital; (2) legal systemabout investment access of China; (3) the problems of the legal system about FIMAon thestage of entry; (4) and the legal system of developed and developing countries to the FIMAon the stage of entry. The foreword introduces briefly the motives of the article. Chapterone The relationship of market access and attracting foreign capital. In this chapter, the definition of market access is discussed firstly and the notion whichmarket access is not a legal principle is accepted. Secondly, the relationships betweenmarket access and attracting foreign capital are analyzed.The conclusion is that investmentliberalization is a trend in the area of international direct investment, and the characteristicof broadening the investment area gradually—can be found from the foreign investmentpolicy in the world. On the other hand, no country carry out the policy that foreigninvestment can enter the host state freely. Foreign investment is under the control when itenters the host-state. Chaptertwo The system and its analysis of investment entry of China. Firstly, the legal systemof investment entryof China is studied.Then the conclusion ismentioned and the author indicates that some measures be adopted by Chinese government.They are: (1) following the new trend of the international investment tightly; (2) taking partin making the international investment rules actively; (3) opening the foreign directinvestment market reasonably; (4) and strengthening the supervision. Chapterthree The law and its problems about the legal control to the FIMAonthe stage of entry. There are still many problems to be resoled in the legal system which regulate theFIMA. However, since the paper have to be restricted to certain length , the author's studyfocused on the legal problems of entry of FIMA. The first part analyzes the followingproblems: (1) the history and actuality of FIMAin China; (2) the reason why the foreigninvestors invest by means of merger an acquisition in China; (3) the meaning of regulatingFIMAon the stage of entry. Then relating laws and regulations and their problems arestudied. ChapterFour Legal control to FIMAon entry in developed and developingcountries-- analysis and use for reference. In this chapter, the author introduces the successful experience which the developedand developing countries regulate FIMAon the stage of entry. Then the author points outthat some experiences are benefit to our country. ChapterFive How to improve the legal system of FIMAon the stage of entry inChina. In this chapter, the conclusion of the article can be found. The author thinks that thefollowing measures should be taken. (1) Improve the legal system which foreign investorsmerger and acquire the state-owned enterprises; (2) Improve the industrial policy whichshould play the role of control to FIMA; (3) Improve the relating regulations in investmentlaw; (4)And make the anti-trust law and take it as the foundation of regulating FIMA.