Legal System Of FIMA In China

With China’s accession to the WTO and the international capital flow under the background of globalization, foreign capital merger and acquisition has become an important trend of the foreign direct investment in China. In the process, China’s relevant foreign capital merger and acquisition system is also constantly improving. But at the same time we should also clearly aware that China’s economic development in some places there is still weak. As a result, we should be carefully and rational for the foreign investment in order to eliminate the negative impact of China’s economic security to the maximum. Under the background of global integration and the wave of international investment liberalization, how can we know foreign capital merger and acquisition system and how should we regulate the access to foreign capital in order to ensure the safety of our country’s economy.The above is the focus of this article.The first chapter is an overview of the legal system of foreign mergers and acquisitions. This chapter is divided into three sections, the first section introduces the foreign mergers and acquisitions in the meaning "foreign" and "M&A" are two concepts, foreign mergers and acquisitions in order to further define the legal meaning. Section Ⅱ explains the main form of foreign mergers and acquisitions, including equity merger and asset acquisition. Section Ⅲ mainly from the perspective of the main qualifications to discuss foreign mergers and acquisitions, primarily from the perspective of foreign investors.The second chapter discusses the legal system of China’s foreign acquisitions outside. This chapter is divided into three sections, the first section introduces the foreign acquisitions in developed legal system reflected the characteristics, mainly from the important sectors of the national security of foreign investment restrictions, and analyzed three aspects of antitrust regulations and information disclosure system to Western countries such as the U.S., Japan and other foreign legal systems merger discussions. Section Ⅱ explains the legal system of foreign mergers and acquisitions in developing countries, mainly from restricted access areas for analysis and approval system in two ways. Section Ⅲ analyzes the access system for foreign mergers and acquisitions world trends.The third chapter is the introduction of foreign mergers and acquisitions legal system. This chapter is divided into three parts, the first section explains the foreign mergers and acquisitions market access issues, pointed out that China’s current foreign investment law lags behind, the lack of maneuverability. Section Ⅱ explains the security review of foreign acquisitions in the system, describes the current status of our country, including two aspects:safety aspects of the scope and content of the review and the review process. Section III explains the major mergers and acquisitions in the market access of foreign anti-monopoly regulation, mainly from the relevant market analysis, market share and exclusion criteria relevant provisions of the three areas.The fourth chapter is to improve the legal system of China’s foreign acquisitions, the base case of the author appears in the summary of the foreign acquisition system for the existing system defects, from mergers and acquisitions to develop a standardized method to improve the industrial policies, improve national security review system and four perfect antitrust exemption system put forward relevant proposals.In summary, this paper discusses some of the issues arising from the acquisition of foreign capital, and found a bad place where the presence of the advantages and benefits of learning foreign countries, put forward some of his own views on this basis, we hope to help further development of better systems of foreign mergers and acquisitions, can play a valuable role.