Research On The Legal System Of Overseas Mergers And Acquisitions Of Chinese Enterprises

With the rapid development of our country enterprise overseas mergers and acquisitions, the related legal systems of our country should cause our attention, it is important weapon for our enterprise smoothly overseas m&a, it is also necessary means to standard our enterprise economic activity and maintain national economic stability. At present, our country have no legal documents of overseas m&a, the relevant provisions are rules in laws and regulations on foreign investment, including legal supervision system, legal promotion system and legal protection system, in addition to domestic law, bilateral agreements and multilateral treaty signed by our country and other countries have rules applicable to our country enterprise overseas m&a. The overseas merger and acquisition related legal system has many defects and shortcomings. On one hand,the legislation blank is serious, the supporting system is not perfect, facing the reform and construction; On the other hand, the legal protection of international law did not play much role, the government should furtherly construct the good international investment environment. Throughout our overseas m&a related system, there is still a big gap between the developed countries and us on the whole. No matter the system or the specific regulation on encouragement and protection measures, the excellent experience of developed countries worth our using for reference. Based on the legal system of our enterprise overseas m&a and the situation of our enterprise overseas m&a, we can analysis the relevant legal system.by comparing the practices of developed countries and combining with the actual situation,we can find out the main defects existing in the legal system of China’s overseas m&a and put forward the perfect proposal.