| Since the 1990's of the 20 century, the economic integration in whole world has accelerated its pace and come to an amazing development. The transnational Merger and Acquisition (M&A) that the transnational corporation put in the first place to enliven unusually, and have given rise to the immeasurable influence to world economy. Up to now, there have been five large-scale M&A tides inside the scope of the whole world. Some M&A caused a sensation the whole world still comes clearly into view up to now. The huge monster rising from the M&A, are playing very important role in the whole world economy domain. The transnational M&A is an inevitable trend in the whole world economy development. The recent years witnessed a slow down in the use foreign capital in China. The major reason is the way of attracting foreign capital cannot suit the trend of international capital influence. The major form of using foreign capitals is attracting directly foreign investment, namely "Greenfield investment". Along with the progress of whole world economic integration, the way of international capital influence has changed hugely, and the transnational M&A is becoming the important form of it.Reviewing the whole world trend, since the 1990's of 20 century, transnational M&A has skipped "Greenfield investment", occupied the major share in the transnational investment. Overemphasis on the channel of attracting directly foreign investment but neglecting the importance of M&A is one of the important reasons of the Slow down of the use of foreign capital. Under the background of the economy globalization, China's economy is mixing together with world economy gradually .How to catch the opportunity, and keep pace with the trend? How to assume M&A to attract more foreign capital? Exciting China's economic development is a new subject in face of us. Especially China is still in the transitional stapes to transform from the planned economy to the market economy, the law system of foreign capital M&A is far form perfect, so it will probably bring some negative impacts simultaneously.So it objectively propel us to study the foreign capital M&A and its influence of China economy development conscientiously. The research of this thesis is based on the objective demands. Therefore the study of the subject possesses great significance both in the short term and long term to Chinese economy. This thesis consists of five chapters. The major content is as follows:The 1st chapter: the basic theory of foreign capital M&A. At first, it defines foreign capital and foreign capital M&A. In The second part, it analyses the motive of foreign capital from the economics angle. In The Third part, it explores the necessity of developing the foreign capital M&A from economic angle and law angle. Pointing out that the law system of foreign capital M&A is still not complete, the law concerned cannot become the bottleneck to hinder the attraction of the foreign capital.The 2nd chapter: a comparison of the law system from an international perspective. It analyses the related law systems in the major capitalism nations of the world, thus shedding light on the construction of the law compatible to China.The 3rd chapter: history investigation of law in China. Using the method of history research, and looking back at the development course of our country's foreign capital M&A in law aspect. It is a novelty coming along with the reform and opening up policy, law of foreign capital M&A in China is taking its shape.The 4th chapter: the regulation study of the foreign capital M&A law. This part studies the capital M&A law of China in the angle of department law. It analyzes the objective of making laws, and then scrutinizes the value and principle of making laws, ends with some new ideas. The 5th chapter: the major problem and the countermeasure of foreign capital M&A law in China now .The main problems of our country's foreign capital M&A law are: the guiding ideology making laws is wrong, the law system is imperfect, the policy of ind... |
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