Study On The Legal System Conerning Anti-Monopoly Of M&A From Foreign Investors In China

It has signaled the coming of a great challenge to the international and national economy after transitional corporations entered into the business of the world. So it will be become the trend that the governments endeavor to establish and improve the legal system of administration to limit the negative effect. On the other hand, it's imperative to create a legal system to regulate the activity and encourage the positive function of transnational corporations. Conforming to the movement towards greater competition for international investment, most of countries are provided with the significant law such as the law of anti-monopoly. For example, there is the characteristic law in America or Germany which comes from Anglo-American or continental legal system. In compliance with the principle of national treatment and securing safety of state the law of anti-monopoly is carried out. Unfortunately, legislation cannot be caught up with the growth of M&A from Foreign Investors in China and so that there could be much doubt about control monopoly effectively. Namely, a demand for comprehensive and scientific legislative system is stimulating-there is an anxiety for more FDI and eliminating the possibility of monopoly in sight following by the developed countries. Viewing from various angles and out of our experiences, a few points may be paid for attention: Firstly, it obviously based on the problems of monopoly of M&A from Foreign Investors in China as well as consulted measures against monopoly. Secondly it used international convention and domestic laws for reference. Finally, it is intended to be a remedy for the legislation and policy. Under the circumstance the transnational corporations have been dent their influence gradually across borders, thus no wonder it will be a too serious conflict among the different legal system to control the monopoly respectively. Then it will urge the nations to establish and strengthen the corporation as soon as possible. It is time to give ourselves a reality check to receive the wake-up call which quicken the steps of legislation in China to run after the development of...