Research On The Law System Of Multinational Merge And Acquire State Enterprise

With the coming of global economy era, the opening levels of Chinese market are being raised continuously. At the end of 1990s, Chinese government has noticed the gigantic business mergers and acquisition wave in the world and adjusted the policies of attracting foreign capital gradually. Especially after the entry to WTO of China, the relative laws and regulations are legislated faster than before. But foreign capital merger and acquisition is the double-edged sword to the state-owned enterprises. On one hand, it is an important approach for state-owned enterprises to attract foreign capitals, advanced technology and experience of management; transform working mechanisms; establish modern enterprise system; enhance the core competition, and it also promotes the reform of state-owned enterprises. On the other hand, it brings new risks and problems to us in the process of operating. In order to establish win-win structure for M&A of state-owned enterprises by foreign capital, the present legal protection is not enough, so we must take the foreign countries' legislation experience for reference to study and do research so as to perfect the defects of legislation of M&A of state-owned enterprises by foreign capital. With the special background, it is of great and realistic significance to carry out a deep study on the issues arising out of the M&A of state-owned enterprises by foreign capital.This thesis discusses the problems of M&A of state-owned enterprises by foreign capital from legal perspective. First of all, the thesis analyses the basic problem of foreign investors' merger and acquisition of state owned enterprise; clarifies some related concepts; confirms the research scope; points out present problems in this aspect and probes the reasons in our country. Afterwards, the thesis analyses the problem from legal angle; introduces and evaluates the present legislation situation in our country; proposes the plan to perfect related system of laws and regulations. By analyzing this, the thesis also offers the suggestion of reconstructing the system of foreign capital laws and perfecting the legal systems of foreign capital M&A on the basis of comparing legal system of the developed countries'.