The Research On Legal Regulation Of Domestic Enterprises Merged By Foreign Capitals

As the coming of economic globalization, transnational corporation will be more important. At the same time, international investment is being intensified continuously. Since the 90's, foreign capital merger and acquisition has been replaced by "Greenfield investment", which becomes an important trend of international investment. Entered World Trade Organization, China is gradually canceling discrimination treatment of foreign capital, and opening her market continuously, which has made China become a major market for foreign investment. Therefore, this has the vital practical significance to study on the law problem of domestic enterprise of foreign capital merger and acquisition.From the law angle, the article adopts the method of unifying theory and the practice, research it deeply, analyses the related law systems in the major capitalism nations of the world, and proposes some suggestions to consummate the legal system of domestic enterprise.The 1st chapter is introduction. The introduction mainly elaborates the background of selecting topic, the objective and significance as well as the research methods of this thesis.The 2nd chapter is relevant to the analysis of style and basic principle. At first, it defines foreign capital M&A. Secondly, expound the basic types of foreign capital M&A. Last, it analyses the basic principle of foreign capital M&A.The 3rd chapter is the problems of foreign capital merger and acquisition and the regulation study of foreign capital merger and acquisition. At first, it defines the positive functions of foreign capital merger and acquisition to our country. Secondly, it analyses the problem of the foreign capital merger and acquisition, and the reasons of the problem. Lastly, it explores the current situation and the main problems of the legislation of foreign capital merger and acquisition.The 4th chapter is a comparison of the law system from an international perspective. It analyses the related law systems in the major country of the world, for example, America, Japan and Germany. We can sum up some enlightenment to our country by way of studying legislation of foreign capital merger and acquisition in others.The 5th chapter offers specific suggestions to improve legislation of foreign capital merger and acquisition. Firstly, it points out to set up a positive guiding ideology and basic principle. Secondly, it concretes law advice:the making of a basic law on enterprise merger; perfecting association laws, such as firm law, security law and so on. Our aim is to construct a scientific, reasonable and effective legal system to standardize foreign mergers and acquisitions.