外资并购中反垄断审查法律制度研究.pdf

Abstract Within global range，merger＆aequiskion has become the important transnational investment mode increasingly．What is coming along is the monopolization issue caused by Chinese enterprises involved in foreign capital merger and acquisition．Although compared with other domestic monopolization situations，the trend ofthe monopolization is not quite marked at present．it will have a great effect on China’S economy．This thesis mainly introduces the monopolization caused by China enterprises involved in foreign capital merger and acquisition as well as our anti-trust policy．It analyses the auditing legal system of anti-trust against foreign capital merger＆acquisition in our country and puts forward corresponding issues as well as legislative suggestions． The thesis carl be divided into several parts as follows： Chapter 1 summarizes the situation of Chinese enterprises involved in foreign capital merger＆acquisition，including the definition of foreign capital mergeracquisition， analysis on Chinese unlisted enterprises and listed companies involved in foreign capital merger＆acquisition． Chapter 2 analyses the generation of anti-trust against foreign capital merger acquisition and introduces the corresponding legislation situation in our country, Chapter 3 is the key part of the thesis，which discusses the auditing mechanism of anti-trust against foreign capital mergeracquisition in details．mainly including auditing organs of anti-trust，obliger of declaration，declaration situation，declaration content， auditing procedure and remission system etc．It analyses each aspect of anti-trust against foreign capital mergeracquisition in depth and states author’S corresponding view on the issue． Chapter 4 states the suggestion to complete the legislation of anti-trust against foreign capital merger＆acquisition in our country． II To carry out anti·trust in our country is quite tough．On the basis of discussion above， the thesis puts forward the opinion that our country shall strengthen