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外资并购已经成为跨国公司对外直接投资的主要手段。我国许多规制外资并购的相关法律尚未出台,外资并购立法体系远不完善。文章围绕构建我国外资并购法律体系这一核心,明确外资并购相关概念,指出我国现行外资并购法律体系的缺陷,通过对发达国家的外资并购立法经验介绍,在密切联系我国国情的基础上,提出外资并购法的基本原则,并就构建我国的外资并购立法体系的构架提出建议。
Foreign mergers and acquisitions have become the main means of direct foreign investment by multinational corporations. Many laws and regulations governing the merger and acquisition of foreign capital in our country have not yet been promulgated, and the legislative system of mergers and acquisitions by foreign investors is far from perfect. This article centers on the core of constructing legal system of foreign capital mergers and acquisitions in our country, clarifies the related concepts of foreign capital mergers and acquisitions, points out the flaws of the legal system of foreign capital mergers and acquisitions in our country, introduces the legislative experience of foreign capital mergers and acquisitions in developed countries, And the basic principles of the M & A law, and put forward suggestions on how to construct the framework of China’s M & A legal system.