Legislative Regulation In Foreign Investors' Merger And Acquisition Of State Owned Enterprise

How does the state-owned enterprise develop and reform, is always a difficult problem in the development of Chinese market economy. But using the foreign capital to reorganize the state-owned enterprise, withdraw the state-owned enterprise from the market competition domain through the property right transaction, improve company's government structure, enhance the enterprise operation efficiency, has lightened this difficult path. But, we must realize that the foreign capital's interests is not to help us to do the reform, its only goal is to gain the biggest profit with the lowest cost. Therefore, during the merger and acquisition process, there are much differences in the original intention between the Chinese government and the outside, contradiction is unavoidable, the looked pure transaction behavior not only relate to enterprise's life, but also affect the state economy structure and the economic security maintenance. So to carry on legislative rules from microscopic and the macroscopic aspects, will certainly is the standard method to regulate foreign investors' merger and acquisition capital and maintain the state economy order.This thesis discusses the regulation in foreign investors' merger and acquisition of state owned enterprise from legal perspective. Fist of all, the thesis analyses the basic question of foreign investors' merger and acquisition of state owned enterprise, clarifies some related concepts, confirms the research scope, points out our country's present problem in this aspect, and has find out the reasons. Afterwards, the thesis analyses the problem from legal angle, proposes the theory basic of legislative regulation, introduces and evaluates our country's present legislation situation, proposes the plan to regulate separately from the public law field and the civil law field. In order to adapt the situation of our country and study from foreign experiences, the thesis analyses the legal framework of the developed country and the developing nation. In the last part, the thesis proposes the legislation suggestion on reconstruct the foreign capital law system, the rules of business law and commercial law and the state asset protection system.