A Study On The Ways Of Legal Regulation For Foreign Capital's M&A Of The State-owned Enterprises Of China

With the era of global economy coming, international investment is beingintensified continuously. Transnational Merger and Acquisition (M&A) has become aworld trend and the major Foreign Direct Investment means of transnationalcooperation will be more important for every country. China is opening her marketcontinuously, which has been the focus of transnational corporation. Since1990's,foreign capital's entering China by Merger and Acquisition has been animportant trend of Foreign Direct Investment in China, which inevitably madepositive or negative influence on economics.The emergences of "medium plan phenomenon" make our country tomultinational also buy the problem beginning to pay attention to and try to take intothe rules system from the law. The reform open, for ushering in the demand of theforeign capital, the our country drew up successively " Chinese and Foreign jointventure management business enterprise method of the People's Republic of China"and in fact regulation, "Chinese and Foreign cooperation management businessenterprise method of the People's Republic of China", "overseas-funded enterprisesmethod of the People's Republic of China" and its ordinance, and other laws and code.We still lack the anti-trust to break the method, society guarantee method etc. Wemust tally up the past experience precept and draw lessons from the foreignsuccessful experience hard, related law laws of as soon as possible perfect ourcountry and operate the system, buy normal and healthy development of thestate-owned business enterprise also with the push foreign capital .For making andbuying the norm contain the preface ground carry on, for the legal rights of thecompany outside the guarantee and state-owned business enterprise, must strengthento and buy the law of the process to take charge of.This text analyzed the problem of the state-owned business enterprise purchasedby foreign capital that need to be resolved, and compared the law of multinationalspurchase of both the developed country and the developing country, on thisfoundation aim at putting forward practices citizen's treatment, anti-trust to break tothe foreign capital, the norm property valuation, design is reasonable of and buy theperfect foreign capital of etc. of procedure and buy the state-owned businessenterprise law control of measure, have the great significance towards supporting thelegal rights of the state-owned enterprises.