Foreign M & A Regulatory Legal Research

Since 1990's foreign capital's entering China by Merger and Acquisition has been an important trend of Foreign Direct Investment in China, which inevitably made positive or negative influence on our economy. It is necessary to regulate Foreign Investors' Merger and Acquisition (FIMA) in order to protect foreign investors and the state. Regulation on FIMA can avoid and decrease negative influence on our country's economy, and also develop our country's economy. This thesis discusses Regulation on FIMA from legal perspective, consists of four chapters.Chapter one: FIMA's basic problems researchThis chapter introduces several basic concepts of FIMA and analyzes FIMA's different patterns; It discusses theoretical foundation of Regulation on FIMA and relationship between Regulation on FIMA and National Treatment.Chapter two: Foreign legislation reviewFirstly this chapter analyzes government intervention concerning Transnational Merger and Acquisition as a whole; Secondly it elaborates Transnational M&A legal Regulation in developed and developing countries respectively, such as the United States, Germany, Japan and Korea, etc; Lastly it discusses new trend of Transnational M&A legal Regulation in the world.Chapter three: The problems in FIMA Regulation and means of solutionThis chapter is divided into two sections. On the one hand it analyzes the main problems of FIMA Regulation and brings forward author's settling recommendation;On the other hand it discusses adjusting of governments' actions--relating toproblems of inappropriate government intervention, recommendation of adjustment proposals and FIMA Regulation institution.Chapter four: Proposals for improving legal system in FIMA RegulationIt is necessary to improve legal system in FIMA Regulation through analyzing current situation in our legal system. It needs a number of laws in order to regulate FIMA. On the basis of the analysis, author puts forward her own proposals for improving legal system in FIMA Regulation.