The Challenge Of The Fifth Tide Of Transnational M&A And The Research On The Law Counterplan

With the quickening of the global economic integration proceeds, Transnational Mergers & Acquisitions (M&A) has become the major Foreign Direct Investment (FDI) means of Transnational Corporation and a kind of world trend.China, with a big market and great potentialities, has been and will continue to be the focus of Transnational Corporation. How to induct and regulate M&A by the legal measures, how to promote the further development of international investment, and how to avoid the negative impact of Transnational M&A appropriately, is an important problem that must be resolved urgently now. This paper focus on the fifth tide of global Transnational M&A, analyzes the defects of our regulations, referring to the experience of the foreign countries, and put forward some constructive suggestions on our supervisory system of Transnational M&A legal perfection.This paper includes four parts.The first part is about the challenge of the fifth tide of Transnational M&A. At first, it summarizes the conception of the transnational M&A.After that, the part analyses the characteristics of this fifth tide, and points out its challenge toward the international legal system and China. The second part is about the foreign legislation that regulates the Transnational M&A, America as a example especially. Taking America, Germany, Japan for example, it introduces the foreign regulations, and summarizes their experience to make reference for our legal system.The third part of this paper combs the framework of the present law system pertinent to M&A. This part also make a introduction of the relevantly law on Transnational M&A in our country.Then point out that China's legal system of this field still has many defaults.