外资并购主要是指外国投资者通过兼并或收购的形式而取得企业控制权。外资并购从本质上说是公司企业产权的交易行为,其结果是产生跨越国界的对企业的兼并和控制。同时,外资并购也是一种复杂的投资关系,属于国际私人直接投资的一种方式。对我国而言,外资并购被作为国际直接投资的新形式,其法律制度并不完善。随着全球经济一体化的浪潮,中国市场经济趋于成熟,外资的涌入也日趋热烈和迫切,正视我国外资并购中存在的风险并加以防范,已成为摆在企业与政府相关部门面前的一个重要问题。 Foreign mergers and acquisitions mainly refers to the acquisition of corporate control by foreign investors in the form of mergers or acquisitions. Foreign mergers and acquisitions are essentially trading activities of corporate property rights. As a result, mergers and acquisitions of enterprises across national borders are brought about. At the same time, foreign M & A is also a complex investment relationship and belongs to a way of international private direct investment. For our country, foreign M & A is regarded as a new form of international direct investment, and its legal system is not perfect. With the tide of global economic integration, the market economy in China has matured, the influx of foreign capital has also become increasingly heated and urgent. Faced with the risks in our country’s foreign capital mergers and acquisitions and guarding against it, it has become a front facing enterprises and government departments important question.