论外资并购的立法体系-经济法学专业论文.docxVIP

Ab$tractAbStract Ab$tract AbStract As major means of Foreign Direct Investment，Foreign Investors’Merger and Acquisition(FIMA)will play important role in promoting the economic development of China，but its negative influence should be neglected．Through analyzing the legislation system of FIMAwe have tentatively established the most efficient legislation system of FLMA As to the definition ofFIM气the Capital Control Principle should be the basic factor, and the Nationality Principle must also be taken into consideration．Specifically speaking，it is involved in foreign enterprises’merging and acquiring Chinese enterprises，foreign investors’ enterprises’merging and acquiring other Chinese enterprises，and MA among foreign enterprises abroad，which will affect Chinese market well FIMA，on the basis of the effective．competition and the good motives，will benefit country’S economic development；on the contrary,FIMA based holding the market and speculative motives will bring negative influences The methods of eliminating the negative influences include the market adjusting，the government guiding，the legislative regulation and the international cooperation，among which the legislative regulation is the most effective But Chinese legislation system FIMA has many evident shortcomings，such incomplete systematization，low enforcement，incomprehensiVe content and lacking harmony． The legislation regulation ofFIMA is systematic project We should establish unified， harmonious and systematic legislation system of FIMA．The goals of this system promote effective competitions the basis of justice and efficiency,absorb foreign capital， eliminate its negative influence and strengthen Chinese enterprises’international competitive ability The elementary principles of legislation of FIMA include the economic safety principle，the principle of promoting effective competition，the efficiency principle and the principle of protecting small sharekolders and creditors’interest．There exist three models of t