Legal Regulation Of Foreign Mergers And Acquisitions Of Listed Companies In China

With a steady increase in Chinese economy and the further relaxing for the policies, it can be foreseen that the foreign capital's merging and acquiring will have the further development, especially the foreign capital's merging and acquiring happening in the Listed Companies will become the important thing in the next several decade years. There exist opportunities and challenges in the foreign capital's merging and acquiring for us, so how to make the best use of the foreign capital's merging and acquiring passive factors and restrain its negative factors, accelerating the process for Chinese enterprises to get into the global economy is a big question for us.The legal system of foreign capital's merging and acquiring in china is not perfect at present. A sound legal system has not been established, and the related regulation is not scientific and is hard to function. This situation is not good enough to foreign capital's merging and acquiring listed company and at the same time, not good enough to protect the interest of the country and other people.This dissertation focuses on the legal issues arising from foreign capital's merging and acquiring listed company. It mainly uses research method of comparison to analyze specific regulations in America and Germany. The emphasis is analyzing our legislative situation of foreign capital's merging and acquiring and how to perfect our country's regulation system. The whole paper is divided in four chapters.Chapter one analyzes the basic theory of foreign capital's merging and acquiring listed company. The emphasis of the chapter is analyzing the meaning and characteristics of foreign capital's merging and acquiring listed company, main foreign mergers and acquisitions of listed companies to introduce of the value of foreign M & A Analysis of listed companies as well as mergers and acquisitions of listed companies to foreign investors of the need for legal regulation.Chapter two analyzes the related legal systems of the Western countries of their foreign mergers and acquisitions of listed companies. First of all, introduce the related legal system of the common law and the civil law system respectively, and then compare the two, and drawn on China's Construction of related systems.Chapter three analyzes the situation of the legal system of foreign mergers and acquisitions of listed companies in China on the basis of the understanding of the historical process of foreign mergers and acquisitions of listed companies, and then analyzes the problems of the legal system and its causes. Chapter four on the basis of the first three chapters from the following two aspects of China's foreign capital's merging and acquiring of listed companies to improve the system, that is, from the macro level of how to improve the legislative system and the basic principles, set out from the micro aspects of how to improve the specific system.