论文部分内容阅读
企业集团是由若干具有独立法人资格的企业所组成、以资本和合同为联结纽带、多层次的企业组织形态。打造企业集团,对入世后增强我国企业的竞争力,角逐全球市场具有不可估量的意义。但企业集团是一面双刃剑,发展不当会导致规模不经济、垄断等负面效应。要克服这些负面效应,其法律对策主要有二,一为从企业集团的形成机制上入手衡定其合理规模;一为加快制定反垄断法,规制其可能导制的垄断问题。
Enterprise group is composed of a number of independent legal personality of enterprises formed by the capital and the contract as a link, multi-level business organization. To build an enterprise group has an immeasurable significance in enhancing the competitiveness of Chinese enterprises and entering the global market after joining WTO. However, the enterprise group is a double-edged sword. Improper development can lead to negative effects such as diseconomy of scale and monopoly. To overcome these negative effects, there are two main legal countermeasures. One is to measure the reasonable scale from the formation mechanism of enterprise groups; the other is to accelerate the formulation of antitrust laws and regulate the monopoly issues that they may control.