关于我国外资并购的若干法律思考

随着我国对外开放的加快和投资环境的优化,我国外资并购日趋活跃,并表现出行业的选择性、对象的特定性、方式的多样性等发展特点和动向。外资并购对我国的经济发展既有积极促进作用,又存在某些消极影响。我国应针对外资并购所暴露出的规避外资政策和法律、国有资产流失和中方合资人利益受损、形成垄断或垄断之威胁等问题,加快相关政策和法律制度的研究和建设,以趋利避害,提高外资利用绩效,保障国家经济安全与可持续发展。

Several Legal Thoughts of Cross -border Merger and Acquisition in China

With the accelerating of China s opening to the world and improvement of the investment environment, cross - border merger and acquisition(CBMA)becomes more and more active. It shows the main features and tendency as follows: selection of industries involud; the speciality of objects and the variaty of forms. It has negative influences on the development of economy as well as positive effect. There are some problems arising from CBMA, such as evasion of foreign policy and laws; damages to stated - owned assets and Chinese partners interest; monopoly and the like threat, etc. We should quicken the research and construction of related policy and legal systems in order to go after advantages and avoid disadvantages, and to improve the effect of foreign capital and promote safety and sustainable development of China's economy.