Foreign M & A Legal Research

Recently, with the development of our reformation and quick expand of international company, the foreign capital merge and acquisition has become one of the most important method of foreign capital investment .It makes great influence and has great need for laws. However, our laws can not take the task of regulating the foreign capital merge and acquisition. Since the end of 2002,we have some new regulations about the foreign capital merge and acquisition. Comparing with the problems ,our laws have a lot of defect .Due to the defect of our laws ,the article takes the foreign countries experiences for reference .compares with our new regulations about the foreign capital merge and acquisition ,and makes new studies and research to perfect our law's defect .The article has four parts.The first part, the concert of the foreign capital merge and acquisition, at first, it analyses the legal definition of the foreign capital merge and acquisition to make a theoretical base for the legal research. Then it combines the theory with facts, analyses the advantages and disadvantages and characteristics, and embodies the meaning of the foreign capital merge and acquisition.The second part, it takes Germany, Japan and America for examples, introduces other countries laws and operations and summarizes their experience to make references for our laws about the foreign capital merge and acquisition.The third part ,it briefly introduces our laws about the foreign capital merge and acquisition ,then focuses on the basic rules , the lead to estate,. assets evaluation , anti-monopoly, censor and approval,. the foreign capital merge and acquisition the listed company, the rights and interests of the workers of Chinese side, the legislative system .It adopts the research method of "asking questions, analyzing questions, solving question". Through the analysis of our laws, especially new regulations, it points out the defect and necessity and emergency of the legal research of the foreign capital merge and acquisition. Then it points out some advises and makes analysis.The fourth part, it summarizes the foreign capitals merge of our country. Treat the foreign capitals merge in the long and strategic run. Rising to the macroscopic from the microcosmic, grasp comprehensively the key to solve the question in foreign capitals merge and acquisition. Offer the method in conclusion in order to solve the problem in development of the foreign capitals merge and acquisition in our country.