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改革开放以来,虽然外国对华直接投资发展很快,但外资在华并购投资仍处于初始阶段,我国也尚未形成系统完善的专门规制外资并购的法律体系,涉及规制外资并购行为的内容只是散见于有关产权交易、证券市场交易以及外资立法等方面的政策法规中。而且,这些规定缺乏相互协调,甚至出现相互矛盾。通过对我国当前的外资并购规制体系及问题进行回顾和分析,有助于对我国当前外资并购政策状况的总体把握,有助于我国外资并购规制框架的建立与完善。
Since the reform and opening up, although the foreign direct investment in China has developed rapidly, the foreign investment in China is still in the initial stage of its M & A investment. Our country has not yet formed a well-established legal system to regulate foreign M & A. The regulation on foreign M & Related to property rights transactions, securities market transactions and foreign legislation and other aspects of the policies and regulations. Moreover, these provisions lack coordination and even conflict. Through the review and analysis of the current regulatory system of foreign M & A in our country, it helps to grasp the current situation of M & A policy in foreign countries and helps to establish and improve the regulatory framework of foreign M & A in China.