Legal Research On Government Supervision And Service Of Chinese Enterprise's Overseas M&A

The execution of the strategy of'Going Global'is a significant strategic decision for China to participate in the international economic cooperation and further improve the Chinese policy of opening to the outside. The decision is in the interest of Chinese economic development and also promotes regional cooperation worldwide to carry out the target of mutual benefits for various countries. With the steps of'Going Global'going faster obviously, the number of Chinese enterprises'mergers and acquisitions grows rapidly along with the kinds of lines involved also increasing every each passing day. For enterprises at home, it is the difference in environment between China and overseas countries, and the characteristic of laws and regulations of various countries and suspicion and mistrust on Chinese enterprises'mergers and acquisitions by overseas capital holders that all make the'Going Global'for Chinese enterprises bear a strong risk of operation and pressure of competition. So without the protection or guide or promotion from Chinese government, it is impossible for the Chinese enterprises to make any achievements with'Going Global'policy. But the role played by Chinese government in the enterprises'mergers and acquisitions may described as a double blade sword. So what kind of role was played or is playing or shall play by the Chinese government to improve the laws and regulations in resolving the difficulties? It is critical for the Chinese enterprises to'Go Global'that how to improve government services and promote the ability of enterprises'mergers and acquisition. Hereby, the writer will firstly discuss the policies and the legal problems encountered often in the Chinese enterprises'mergers and acquisitions on the basis of the research on the present situation of Chinese enterprises'mergers and acquisitions and do a deep and meticulous analysis on current laws and regulations and policy system, and meanwhile, do a comparison on the common legislation between various developed countries, after which the writer is going to review with demonstration that whether the role played by the Chinese government in the enterprises'mergers and acquisitions is a supervisor or a service provider and that what kind of fields the Chinese government can supply service in or turn policies into laws and regulations. At the end, the writer will summarize the lessons taken from those failed cases and bring forward the advices on government supervision and service laws and regulations in enterprises'mergers and acquisition in light of the experiences drew by the developed countries.