Research On China 's Foreign Capital M & A Supervision System And Its Perfection

Our country has made supervision to foreign capital mergers and acquisitions (M&A) for a long time, but unlike western countries, we have not formed a completelegal supervision system. This paper, on the basis of clarifying the legal supervisionsystem of foreign capital M&A in China, proceeds from the practical significance offoreign capital M&A practice to expound theoretical issues in relation to the legalregulation of foreign capital M&A. When investigating foreign capital M&A andmaking domestic legislation, regulation and practice, learning from relevantlegislative experiences in western countries, in combination with the present situationin China, I present my views and suggestions for some flaws in supervision of foreigncapital M&A.In Part I, I have made introduction to foreign capital M&A. Firstly, I elaboratesome related concepts of foreign capital M&A, and starting with the principle of theCompany Law, distinguish the concepts such as Chinese and foreign capital anddomestic capital, and M&A and purchase in foreign capital M&A. Secondly, incombination with global as well as the economic situation in our country, I havebriefed development status of foreign capital M&A in China and the world.The Part II is the complete analysis and arrangement of the legal supervision offoreign capital M&A in China. First of all, I have expressed my opinion on thedispute in academic circles of necessity of supervision of foreign capital M&A, andused Law and Economics, Public Administration Theory, and other legal derivativetheories as my theory support. Secondly, I have made arrangement and analysis ofsupervision legislation of foreign capital M&A with various graphs, and tried tomake a conclusion by overall comparison of the situation of supervision legislation offoreign capital M&A in China with these graphs. And then I have interpreted the“Regulations on Foreign Investors Merging and Acquiring Domestic Enterprises”,which is a significant rule for the legal regulation of foreign capital M&A, andexpected to tell intrinsic value orientation. Then I have organized legal supervisionsystem of foreign capital M&A in China, and elaborated and introduced itrespectively. Finally, I have summarized the supervision system of foreign capital M&A in representative countries of continental law system and representative countriesof US and UK law system——UK, US, Germany and Japan, and received enlightenment on the improvement of legal supervision system of foreign capital M&A in China.In Part III, I have pointed out blemish and shortages in legal supervision of foreigncapital M&A in China, and put forward my analysis and suggestions. Advices forforeign acquisitions were legal regulation and supervision of the regulatory system,one to one, in order to remedy.