On Foreign Investors To Merge Domestic Enterprises By The Improvement Of The Administrative Review Procedures

It is a common economic policy to carry out some degreed interventions on economic activities for a country. Since our country is a planned-market economic country, our intervention covers a larger extension compared to western fully market economic countries. There are three major ways to intervene economic activities, including legal, economic, and administrative measures. In the sense of administrative intervention, the question we are facing is ' how to regulate the supervisor ', in other words, how to ensure the economic administrative authorities enforcing their power legally.Foreign investors' M&A of domestic enterprises is one important mode of foreign investment. Restricted by current social and economic development, we can't give all the foreign investments national treatment, so some ranged administrative approval setting is necessary. However, considering the complexity of this matter's fargoing technique requirement and multi-department examination, this type of M&A is different from common administrative approval economic activities. which was enforced on Sep 8^th, 2006 just focuses on how to regulate/manage the foreign investors' M&A activities,without detailed and practical procedure system provisions which can be followed by administrative examination departments. By now, neither valuable academic thesis nor work has been published on how to regulate the administrative examination procedure, but concentrating on how to regulate the foreign investors' activities.This thesis consists of three parts, firstly, on analyzing/differentiating/defining some relevant basic concepts of foreign investors' M&A of domestic enterprises, such as legal procedure/administrative legal procedure/administrative verification /administrative approval/administrative examination legal procedure, etc, in consideration of ambiguous interpretations of these concepts and the necessity of this thesis.The second part is started by analyzing the administrative examination act's characters of foreign investors' M&A of domestic enterprises, holding that administrative examination procedure legal system of current foreign investors' M&A of domestic enterprises is consisted by administrative procedure law and foreign investment law, but there are some defaults on the aspects of legal system and detailed provisions. The main defaults are: lacking of united basic system and basic principle; some legal procedure system provisions are too simple; some basic system and basic principles are created by 'administrativerules' which are against the legislature law. And the defaults on detailed provisions are: the examination character is unclear; examination pattern is unclear and the examination period regulation is simple.The third part is about some improvement suggestions to the problems which are mentioned above. The author's ideas are: improve the legal system of foreign investors' M&A of domestic enterprises administrative examination legal procedure as soon as possible; and define the examination characters according to different examination items, then apply different examination patterns such as formal examination, substantial examination and compromising examination; finally reset various examination steps and periods according to different examination patterns.