Research Legal Issues Of Foreign Mergers And Acquisitions Of State-owned Enterprises

How change the management mechanism of stateowned business enterprise, carry out a stateowned business enterprise to twist Kui and protect of stateowned property value to increase in value is the hard nut to crack which meets in the stateowned business enterprise reform, in 20 years in carried on to differently try from at the beginning contracting for management, arrive later of annex reorganization, have never made stateowned business enterprise real to get away from a predicament.For making the state-owners enterprise reform come out a strange turn, medium total 15 greatly put forward stateowned capital and practice strategic withdraw, usher in the foreign capital, people's property participate the reform of stateowned business enterprise especially stateowned big and medium-sized business enterprise, develop market of the strength push the step that stateowned business enterprise reform. Here under the important background of economic reform, the foreign capital merged a stateowned business enterprise to walk into more visual fields of Chinese, and is send to push forward the great and earnest hope that the stateowned business enterprise reform. See from world scope, the foreign capital merger activity is an important means that the capital world flows to overflow, also is one of the manifestation of economic globalization in the meantime.China it has been 30 years since the reform develop, with world economy of the fusion be more and more close and play in the global economic system of the role be also more and more important.This text the first part pass to merge the process that the activity establish relationship to carry on a simple review to China and foreign capital, get a basic standpoint, that is the reform of stateowned business enterprise in China to want to by the root crack the bottleneck problem that the development meet, China of the economy want the depth to integrate world economic system and can not get away from a foreign capital merger. Outward country capital to say, think to share in huge market in China certain quota, acquire the high sum of property to increase in value in the progress of economic high-speed development in China, the merger Chinese stateowned business enterprise is best of one of the choices. But, make use of foreign capital to reshuffle a stateowned business enterprise to also face a realistic difficulty.For long time, stateowned business enterprise not only is a nation economic of motive force, and return must the degree up shares governmental of public working talent.Positive as it does, the stateowned business enterprise of our country just enjoys a not- public business enterprise don't have of preferential treatment.But merge the most direct result that the stateowned business enterprise produce, be the public working talent which removes a stateowned business enterprise, this part of burdens so removed should by whom accept, the preferential treatment possess by stateowned business enterprise how handle, stateowned property of how protect a value to increase in value?How does the role of rate of exchange, finance, complicated examination and approval procedure, and conduct and actions public business governor of nation and business enterprise proprietor divide the line?How expel the resistance that the stateowned business enterprise vested interest bring all of etc.s is the foreign capital merge of face of problem.Moreover is all conduct by stateowned business enterprise because of many professions which relate to national policy people's livelihood, these realms allow a foreign capital merger and then inevitably will involve national economy safety is to the national defense safe problem.Furthermore, the stateowned big and medium-sized business enterprise takes to have certain Long to break sex, under valid"adjust to control" of the government, its Long break and know nothing about becoming to strongly kill to harm dint to the market, but foreign capital once controling the control power of these business enterprises, by all means will become Long to break to the market, but"capitalist" is will not listen to the government at will "dispensation".For this, this text the first point to occurrence at our country of the foreign capital merge a stateowned business enterprise case to give analysis, outward supporting after merging a stateowned business enterprise may give our country economy safety, the stateowned property protect a value to increase in value and the race industry development may be subjected to of the impact carried on basic comb, get a basic talk point:If there is no law powerful check and supervision, new Long's break by all means will constitute huge breakage to the market and bring the loss that can't estimate to the our country still morbid market economy thus.The nation which has a similar stateowned business enterprise problem generally experienced 5-10 years then can real resolve, spend 5 years to resolve ex- east the problem of 10,000 virtuous stateowned business enterprises after unify such as Germany, cost USD 100,000,000,000.1 China of the circumstance wants than Germany complicated have to be many, the management that stateowned business enterprise conduct of stateowned property ratio Germany many, the structure also is getting more complicated, so, the reform of the Chinese stateowned business enterprise necessarily will experience more rigorous challenge.Law to market economy development have of the function be huge, particularly is be placed in the market economy that development strengthen towards being like an our country so and need urgently more.Now that foreign capital merger the activity be a market economy development indispensability of a part, so we should appear and take place in the our country in this kind of economic behavior of beginning start a stage to draw up more complete and related law system, make it walk up legalization, the norm turn of orbit.This text the second part merged legislative process to carry on summary to look back concerning the foreign capital to China, on the other hand affirmed us to merge the huge achievement that the lawmaking also obtains in the foreign capital, on the other hand also to the existent problem carried on to enumerate in this work with analysis.Draw lessons from flourishing nation in the world and developing country to merge legislative experience and result concerning the foreign capital on this foundation, to our country foreign capital merger lawmaking of the alignment carried on an outlook and also put forward lawmaking to suggest in the meantime.