Discussion On Perfecting The Legal System Of Foreign Acquisitions In China

In recent years, merger and acquisition (M&Q) by foreign investor as a kind of transnational direct investment way, plays an increasingly important role during the process of absorbing foreign capitals in our country. From the year of 1997 on, Chinese government begins to encourage foreign investors to make merger and acquisition in China, and the legislation of merger and acquisition by foreign investor also appears. But so far, although there are several special regulations in the field of merger and acquisition by foreign investor, these regulations can not play the proper role fundamentally because of its intrinsic flaws. So solve the legal problems of merger and acquisition by foreign investor, then fill the blank of law is the urgent matter in the legislative construction of our nation. The article adopts the method of unifying theory and the practice and makes deep research of it. And proposes some concrete suggestions of perfecting the legal system of merger and acquisition by foreign investor.The full text is divided into five major parts besides introduction and conclusion. Through the analysis of the meaning of foreign capital and M&Q, first part gives the definition of merger and acquisition by foreign investor, and analyzes the Characteristics of merger and acquisition by foreign investor. In order to make clear the type of merger and acquisition by foreign investor in practice, the article further elaborates the classification and the classification our law adopted. Second part elaborates the development of merger and acquisition by foreign investor and its law. Third part elaborates the six problems existing in Chinese law of merger and acquisition by foreign investor. It is, the entity of M&Q should be made clear; the M&Q agreement should be consummated, property appraises and the transaction price should be made clear, the content of debt relationship need to be supplemented, the provision of preventing monopoly need to be consummated, and existing law provisions of merger and acquisition by foreign investor need to be settled. Forth...