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作为外商对华投资的一种新趋势,外资并购中国企业已开始对我国经济产生了深刻而又广泛的影响,并为我国经济增长带来新的契机。跨国并购在吸引外资,引进国外的先进科技和管理经验,解决国有企业的现实困难,促进现代企业制度的建立等方面具有积极的意义。但是,由于出现跨国并购时间并不长,相关背景条件尚不完善,使得我国跨国并购领域存在一些不尽入意的地方。倒如,可能造成国有资产的大量流失,国内企业受到较大的冲击,对我国的产业和经济安全构成潜在的影响。因此,如何通过完善立法和利用相关的规章制度来规范跨国并购行为是一个亟待解决的问题。
As a new trend of foreign investment in China, the merger and acquisition of Chinese enterprises by foreign investors has started to exert profound and extensive impacts on our economy and bring new opportunities for our economic growth. Transnational mergers and acquisitions have positive significance in attracting foreign investment, introducing advanced foreign technology and management experience, solving the realistic difficulties of state-owned enterprises and promoting the establishment of modern enterprise system. However, due to the fact that cross-border mergers and acquisitions do not take long time and the relevant background conditions are not yet perfect, there are some areas where cross-border mergers and acquisitions are not satisfactory. For example, the loss of state assets may be caused in large quantities, and the domestic enterprises may be greatly challenged, which may have a potential impact on China’s industrial and economic security. Therefore, how to regulate cross-border mergers and acquisitions by improving legislation and making use of relevant rules and regulations is an urgent problem to be solved.