对外资跨国并购我国企业的法律规制研究

Research on the Legal Regulation upon the Merger and Acquisition of Chinese Enterprises by Foreign Capitals

近年来,我国外国投资领域外资并购我国企业的步伐加快,规模加大。外资并购给我国带来的影响既有积极的一面,也有消极的一面。但从总体上讲,外资并购我国企业对于我国来讲仍然是利大于弊。但实践中不少规模较大的并购个案引发了一系列新的法律问题,因此,建立一套健全而完善的法律监管体系来规制外资并购行为,可能使我们以最小的代价赢得最大的收益。

During the recent years, the merger and acquisition of Chinese enterprises by foreign capital in the field of foreign investment in our country are on increase both in speed and on acale. There are both positive and negative impacts of the merger and acquisition of by foreign capital. However, on the whole, there are more advantages rather than disadvantages for China in this regard. But in practice, some cases of comparatively large scale merger and acquisition have given rise to a series of legal problems and issues, therefore, to establish a set of legal rules and system to effectively regulate the merger and acquisition by foreign capital will enable us to gain the greatest benefits at the least costs.