外资并购国有企业若干法律问题探讨

A Discussion on Some Legal Problems Concerning Foreign Capital's Annexation of Our State-Owned Enterprises

外资并购国有企业已成为外商在华直接投资的热点,为使并购规范有序地进行,为保障外商和国有企业的合法权益,必须加强对并购过程的法律监管。剖析目前外资并购国有企业亟待解决的法律问题,并对发达国家和发展中国家跨国并购的法律进行比较分析,在此基础上有针对性地提出对外资实行国民待遇、反垄断、规范资产评估、设计合理的并购程序等完善外资并购国有企业法律管制的措施,对维护国有企业的合法权益具有重大意义。

Foreign capital annexing our state-owned enterprises has become a hot issue in foreign investment in China. To ensure its smooth operation for the benefit of both foreign investor and our state-owned enterprises, legal supervision of the annexation is needed. A thorough analysis of the current problems in this field and a comparison with other developing and developed countries in related measures are called for, and on the bases of the analysis and comparison a series of measures must be laid out and put into practice as soon as possible.