A Study On The Research On Legal Issues Of Merger And Acquisition In China

With the development of market economy and the need of supply-side structural reform,Chinese M&A activities are becoming more and more frequent.As a means of resource allocation,it is conducive to the development of advanced productive forces,promote the adjustment of industrial structure,the development of the national economy has played a huge role in promoting.However,the relevant laws and regulations of M&A in our country are not perfect,and there are some irregularities in the legislation and practice.Through the study of legal issues related to M&A,analyzes the main legal system of mergers and acquisitions of listed company acquisition by related parties damaged the interests of legal protection,and puts forward some preliminary suggestions on improving the legal system of company mergers and acquisitions.This paper uses the methods of comparative study and classification research.One is the analysis of the Anglo American and other countries about M&A theories and laws of our country,and combining with the actual situation in China,pointed out that China's M&A deficiency in legislation and practice;two is the legal protection of the interests of all parties and the legal system of mergers and acquisitions,mainly in the introduction of classification;the three is based on a comparative study of the research on the classification and put forward some suggestions,hoping to provide some theoretical support for the regulation of M&A.This article focuses on the legal protection of the interests of all parties involved in M&A.This paper introduces the protection of the interests of minority shareholders,creditors and employees,and the protection of the public interests of the three parties.Minority shareholders to protect the interests of minority shareholders is the brief introduction of the concept of the weak position in the merger performance,finally put forward the countermeasures to protect the interests of minority shareholders;protection of creditors' interests is the brief introduction of the basic theory,and then introduces the status quo of the protection of the interests of creditors in the program in China,and puts forward the suggestions to improve the protection of employee benefits;the employee should enjoy in the acquisition of the right,and then puts forward how to improve the protection of the interests of the employees;the protection of the public interest of society is finally by the anti monopoly law as the center of research,introduces the merger antitrust regulation of reason and main contents,and puts forward how to improve our company anti-monopoly regulation proposal.