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2008年我国出台了《反垄断法》,这次法案的出台是我国法制完善的一次飞跃,也因为这次法案的出台引起了人们对外资并购中国企业的关注。本文从外资并购的发展状况入手,揭示当前外资在中国并购给中国带来的负面影响。而近几年来我国已经认识到对外资并购规制的必要性,并且制定了相关法律、法规。但是,仍存在许多问题,需要借鉴国外专门针对外资并购的规制标准,并且从实体制度和反垄断执法机构方面指出我国针对外资并购的完善措施。
In 2008, China promulgated the “Anti-Monopoly Law,” and the introduction of this act is a leap forward in the improvement of China’s legal system. The introduction of this bill has also raised concerns about the mergers and acquisitions of Chinese enterprises by foreign investors. This article starts with the development of M & A in foreign countries and reveals the negative impact of the current foreign investment in China on China. In recent years, our country has realized the necessity of regulation of foreign capital M & A, and formulated relevant laws and regulations. However, there are still many problems that need to be learned from foreign specialized regulatory standards for M & A of foreign capital, and pointed out the perfect measures for foreign M & A in terms of substantive system and antitrust law enforcement agencies.