The Economic Legal Regulations Of Mergers And Acquisitions Of State-owned Enterprises By Foreign Capital

Mergers and acquisitions by foreign capital is one of the latest central issues in the development of our economy.This is partly because of the effect of integration of global economy and the soaring of transnational mergers and acquisitions,and partly because of the fast developing domestic market which has been more and more attractive to foreign investors, and also because of the recent government policy trends to expand foreign investment utilization on promoting the reform of state-owned enterprises.Compared to the practices of foreign capital's mergers and acquisitions, the concerning legislations are relatively lagged behind.Therefore, it is quite important to study and analyze the legal problems of this issue.In this article I tried to make an analysis of mergers and acquisitions of domestic enterprises by foreign investors in the past ten more years, and then tried to put forward the propositions on further regulation and supervision from legal perspective. The purpose of this article mainly focuses on legal perspective instead of the material procedures, so as to supply references to the lawmakers and also to the managers and operators of domestic enterprises.This thesis discusses the regulation in foreign capital's merging and acquiring state-owned enterprise from the angle of legal perspective.There are four component parts as follows.In the first part,it makes a general description on the basic problems of foreign capital's merging and acquiring state-owned enterprise and mainly introduces the related concepts,legal characters,effects to the development of economy and history of this legal system.In the second part,it makes all investigation on the present situations of foreign capital's merging and acquiring legal system and analyses its basic principles. To conclude the experience and enlightenment, then, it elucidates the necessity of establishing a law system for normalizing after pointing out the existed problems.In the third part,it analyses the legal framework of the developed countries and concludes the enlightenment to our legislation.In the last part,through analysis and discussion above,it studies the flaws of our present legal system.At last,it puts forward the suggestions on perfecting the law system in order to regulate the mergers and acquisitions effectively.Foreign capital's merging and acquiring state-owned enterprises is all important mode to introduce and utilize foreign investment.So a new unitary legal system must be established,which not only includes the public law to adjust the entry of foreign investment,but also includes the private law to adjust the transaction of mergers and acquisitions of foreign capital.