On The Chinese Foreign Acquisitions Of A Number Of Legal Issues

Since the late 19th century, the world economy has experienced five waves of mergers and acquisitions. Now the world is in its fifth wave of cross-border mergers and acquisitions. With the implementation of China's WTO commitments and the introduction and improvement of a series of laws and regulations, foreign M & A environment is becoming more relaxed, more and more foreign investors like investing in China. The scope of foreign M & A is becoming larger and larger. All of these have made an extensive and profound impact on China's economy. But there are many inadequacies in China's current foreign M & A legislation, such as:the lack of uniformity and rationality on legislation; the legislative level is not high, the legal efficiency is low; the coexistence of a variety of the sources of law, be lack of coordination, and even conflicting with each other. The operability of the existing laws is poor. It will restrict the further development of China's economy greatly if the problems can not be resolved and the relevant laws can not be established and improved promptly. On the other hand, west countries have established a relatively perfect system of regulations on foreign M & A from their own national conditions. Aiming at the existing disadvantages of foreign M & A, China should change the laws timely, and construct and improve the related policies and systems at present.At the beginning of the paper, the author describes the basic theory of foreign M & A. The first part of the paper includes the concept and the sort of foreign M & A, and reasons for the developments of foreign M & A. Next, the author describes the anti-trust issue, national security issue, national brand protection issue and the issue of placement of workers in the process of foreign M & A in China. There are also some suggestions based on the M & A cases of China. In the last part of the paper, the author introduces some general recommendations. The author hopes that these suggestions can be adopted in the future improvement of our country's legislation.