| As the basic cell and the main carrier in a country's economic activities, Enterprise has a great importance to improving the country's overall economic strength. Every government pays much attention to the development of domestic enterprises. The introduction of enabling measures to promote domestic enterprises to expand becomes the common orientation of national economic policies. With the economic globalization and integration process accelerating, the strong enterprises, in order to pursue profit and expand the market space, have embarked on overseas expansion path. As a mainstream form of Overseas M & A more and more enterprises climax after another. In recent years, China's sustained and rapid economic growth, the overall economic strength has increased significantly. The capital accumulation of the enterprise is relatively abundant. Many companies are devoting to participate in the fifth world's cross-border M & A wave, but a variety of regulation on foreign mergers and acquisitions not know enough, lack of experience in overseas merger and acquisition, China's Overseas M & A has suffered serious losses. Therefore, scientific and rational manner on China's Overseas M & A activity should be standardized, especially in the current global financial crisis, China's enterprises must be blind "overseas bargain-hunting" behavior appropriate regulation. In this paper, based on the current situation of acquisitions overseas enterprises in China, analysis of China's Overseas M & A trend. In searching the of China's Overseas M & A defective legislation existed to introduce the advanced experience of some developed countries, to build a set of supporting China's enterprises to explore overseas M & A Legal System, for Chinese enterprises to develop overseas mergers and acquisitions to create a sound legal environment.The article is divided into six parts, about 34000 words.The first part is a brief introduction to the concept of overseas mergers and acquisitions, based on the recall history of China's Overseas M & A ,and looking the development trend of China's Overseas M & A after the financial crisis, from which was found arising in the course of China's Overseas M & A issues, to tease out the experiences of China's Overseas M & A difficulties.The second part focuses on analyzing the existing legal norms of overseas mergers and acquisitions of China's legal system. Enumerate a detailed list of China's overseas acquisitions relevant rules and regulations, in order to learn the advanced experience of the West and set up China's relevant legislative system.In the third part, the emphasis part is used for analyzing legal controlment which points against the Chinese overseas M&A, especially from the economically advanced countries, with completed regulations and perfecting legislation. Meanwhile, the risks that may arise in developing countries are also briefly explored.The fourth part anatomies the enterprise of the developed countries of capital output, in order to find out how to set up a systemic overseas legislation to promote China's overseas M&A, which can be reference for the regularity of the legal system, promoting China's Overseas M & A construction of the legislation.The fifth part analysis the international legislation that have something to do with the overseas M&A and its impact on China-related legislation. To grasp the trend of the international legislation to achieve national legislation into line with international requirements.The sixth part concludes from the domestic and international experience in legislation, based on the idea of perfecting China's Overseas M & A legislation. Innovating guiding principle to achieve mutual benefit and win-win, pay close attention to the formulation of a general principle of foreign investment laws, and modify the perfect legal system, complete the supporting system construction to achieve various regulations system supporting coordination. |
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