On The Anti-monopoly Legal Regulations On Foreign Mergers And Acquisitions In China

With China's accession to the world trade organization, gradually relaxing restrictions on m&a, m&a by foreign investors become one of the important ways. M&a of market economy competition of our country has its two sides influence, namely m&a in addition to our country enterprise to bring the abundant fund, advanced technology and management experience positive role beyond, still can bring harm to the risk of monopoly, normal competition of the market economy of our country, and even economic sovereignty and order of national security. Therefore, in order to achieve greater scope and at higher levels and larger field quotes, and the absorption of foreign capital, improves the absorb the level of utilizing foreign investment and quality, the government needs to take various measures to ensure all aspects of work:On the one hand from the reality of our country needs and actively encourage and guide for foreign capital entering China, construction of socialist market economy, on the other hand also contribute to m&a activities to strengthen the monitoring and management. Formulate the foreign-capital m&a law as the basic law, and anti-monopoly law and other laws and regulations of the legal system of scientific, rigorous, to regulate foreign mergers triggered the problem of monopoly.This paper is divided into five parts:The first part, introduction. This part of foreign-capital m&a expounded the anti-monopoly law rules proposed, expatiates the background and significance, literature review, research methods and essay structure arrangement.The second part, M&a antitrust regulation of the general theory. This part of main definition of foreign-capital m&a inner and outer culvert delayed, analyzes the foreign-capital m&a antitrust regulation, and expounds the theoretical basis of foreign-capital m&a antitrust regulation practical significance;The third part, Foreign demand for foreign mergers of anti-monopoly law regulation status and enlightenment. This part of the U.S. and European Union foreign mergers antitrust legislation generalizations and concrete system are studied, and sum up the foreign legislation on foreign acquisitions of anti-monopoly law regulation revelation;The fourth part, China anti-monopoly law regulation of foreign-capital m&a the present situation and inadequate. This section on our country's existing m&a antitrust legislation and summarizes the present situation, and focus from substantive rules and procedural rules two aspects of the specific detailed research, at last, analyzed the deficiency of the current legislation and its shortcomings reasons;The fifth part,Constructing and perfecting the of foreign-capital m&a anti-monopoly law system. This part of the existing system mainly aiming at Chinese insufficient, from the macro and micro level puts forward concrete Suggestions, including micro level and from substantive rules and procedural rules two aspects elaborated.