The Legal System Of Admittance Of Foreign Capital Mergers And Acquisitions Research In China

Recently, foreign capital entering China by Merging and Acquisition has been an important trend of foreign direct investment in China, which changed the situation before. The relevant legal systems of Foreign Investor’s Merger and Acquisition (FIMA) has been built up and developed gradually. Laws and regulations with regard to FIMA on the stage of entry is the first measure taken by the government, which is very significant. These years there are more and more excellent enterprise of higher quality merged by the foreign investors, which causes much attention in society and academic circles, as it may make a threat to our country’s economic security.In this thesis, I think we shouldn’t refuse all the foreign capitals and accept those blindly on behalf of the country’s economic security. China is a developing country which still has some weak industries. To bring in foreign capital is an important part of our policy. We have to guide the foreign capital to the right directions in accordance with our economic goal industrial policy in front of the strong trend of FIMA in order to promote our economy to develop healthily and to prevent the negative influence that FIMA brings to us. The market access rules play an important part in protecting our economic security. How to regulate FIMA with market access rules according to our country’s current situation is the main issue of the thesis.This thesis is divided into four parts, and the basic framework is as follows:The first part is the common theory of the market access system of FIMA. First, it gives a clear definition of market access system, pointing out that it is of great importance to the market order. Then it analyses the necessity of the existence of the market access system of FIMA.The second part is the analysis of the foreign legislation situation of the market access system of FIMA and its international developing trend. First, it points out three main characters of the relevant systems in developed countries; secondly, it points out two main characters of relevant system of developing countries; at last, it discusses the international developing trend of relevant system.The third part is analysis of the current situation of the market access system of FIMA in China and points out the problems.In the fourth part, it provides some suggestions to perfect the Chinese market access system of FIMA including construction of an exhaustive examination and approval system of FIMA on the basis of the analysis of foreign relevant rules of part two and weakness pointed out in part three.