Reflections On The Purposes Of The Legislation Of Foreign Capital Merger And Acquisition In China And Its Prospects

Legislative purpose refers to a State in a field value when trying to achieve or to pursue. It generally involves two levels of content:Inner layer for performance for the value orientation method, reflecting the value choice of legislation and the legislative; Outer layer for the purpose by the legislative. Usually expressed in the purpose clause of the Act. Legislative purpose is the heart and soul of a law, is a legal standard, education, guidance, penalties, and other features of focus reflect. It determines the tone and character of the law, and legal formulation and implementation of the fundamental guiding role, it’s fundamental guidelines for weighing and balancing different interests. Legislative purpose is usually located in the purpose clause, and out into some of the legislative purpose.Legislation of foreign capital merger and acquisition in China far behind the foreign capital merger and acquisition practice.《Provisions on foreign investors merge domestic enterprises》is the only one specialized norms of merger and acquisition by foreign capital in China normative legal documents. It is the basic spirit of legislation of foreign capital merger and acquisition in China reflect." In order to promote and regulate the foreign investors to invest in, the introduction of foreign advanced technology and management experience, improving the level of using foreign capital, achieving rational allocation of resources, guaranteed employment, maintaining fair competition and national economic security..."That purpose provisions of the legislation of foreign capital merger and acquisition in China. The purpose clause indicates that China’s foreign capital merger legislation aimed at encouraging foreign capital merger and acquisition of Chinese enterprises. Legislation aims not only to encourage mergers and internal is the basis, conditions of external causes is contrary to principles of philosophy, and the "self-reliance, and seek foreign aid supplement" is contrary to the basic policy. It contributes to dependence on foreign capital, condoning a foreign mercenary nature, contrary to the fundamental spirit of the legal protection of the weak, out of China’s fundamental and long-term interests of the State, enterprises, trade unions, even to our national economic security risks. China’s foreign capital merger and acquisition practice has fully proved that point.Merger legislation of a country objectives should focus on their long-term and fundamental interests of the State, enterprises, trade unions, and clarified the real intention of the merger, clear understanding of the real utility of foreign capital merger and acquisition, integrated on the basis of weighing the pros and cons to be established. Legislation of foreign capital merger and acquisition objectives should follow the principle of interests balance in our country and the principle of national economic security a priority, Comprehensive account of China’s basic national conditions, nature, the legislative purpose of the legislation of foreign capital merger and acquisition possibilities of implementation and coordination with the relevant laws and other factors on the basis of established, Encouraging mergers to limit foreign mergers and acquisitions in order to "ensure the safety of national economy" as a precondition, make managers aware of the foreign capital merger and acquisition of State or Government on national industry, national brands, domestic enterprises, trade unions, consumers could have a real impact. Let foreign mergers and acquisitions who realized that merger to merger and acquisition of Chinese enterprises need to pay a heavy price in China cannot indiscriminately merger and acquisition of Chinese enterprises. Awareness of enterprise managers in business just to sell, unless you have no choice, you will need to take the appropriate legal responsibility. For other companies to realize that foreign investment is not a panacea, their problems must be resolved on their own, selling enterprise is a "hen, do without the consideration of the sequence" save enterprise way.