论外资并购的反垄断规制
发布时间：2018-07-31 13:16
【摘要】：外资并购,对于大多数人来说并不是一个陌生的词汇,特别是2008年的可口可乐并购汇源一案让外资并购成为了当时的热点。近年来我国的外资并购数量的不断增加,规模仍在继续的扩大,《反垄断法》自颁布以来,在外资并购的范围内创造了良好的市场竞争环境也保障了我国社会主义经济的健康发展。今年是《反垄断》实施的第七个年头,如何更好的利用《反垄断法》和其他相关法律对我国外资并购进行规制,如何更好地提高我国利用外资的能力,成为了每一个法律人都应该思考的问题。本文包括引言、正文五个部分和结论。引言:简要介绍了论文的写作背景以及研究对象;对论文所查阅的相关领域的文献资料、主要观点进行了综述;交待了论文的研究方法和研究意义。第一部分:介绍了外资并购的基本问题,其中包括外资并购的含义,以及本文所称的并购与《反垄断法》意义上的“经营者集中”的关系。在这一部分还介绍了外资并购的基本类型和现阶段的特点。第二部分:分析我国对外资并购进行反垄断规制的必要性,以及其经济学和法理学上的依据。第三部分:通过梳理我国现阶段对外资并购进行规制的法律法规,总结归纳出我国外资并购反垄断规制方面的不足,这些不足主要包括立法体系方面的不足,以及实体和程序方面的不足。第四部分:通过介绍美国和欧盟的相关法律法规,对这两个地区的外资并购反垄断情况进行比较分析。第五部分:通过借鉴国外的立法以及实践情况,达到本文的写作目的——完善我国的外资并购反垄断的相关制度,结合国外制度和前任的研究状况,提出了自己的建议。结论:对我国的外资并购案件进行反垄断规制,首先要解决法律制度上存在的一些问题,虽然《反垄断法》已经实施了七年,但其暴露的问题并没有得到解决,只有不断完善这些法律制度存在的不足,才能更好的让其服务于我国的外资并购行为,才能对我国的社会主义经济建设保驾护航。
[Abstract]:Foreign M & A is not a strange word for most people, especially the Coca-Cola merger and acquisition of Huiyuan in 2008 made foreign M & A a hot spot at that time. In recent years, the number of foreign capital mergers and acquisitions in China has been increasing, and the scale is still expanding. Since the promulgation of the Anti-Monopoly Law, In the scope of foreign M & A, it creates a good market competition environment and ensures the healthy development of China's socialist economy. This year is the seventh year of the implementation of "Anti-monopoly". How to make better use of the Anti-monopoly Law and other relevant laws to regulate foreign capital mergers and acquisitions, and how to better improve the ability of our country to use foreign capital. It has become a problem that every legal person should think about. This article includes the introduction, the body five parts and the conclusion. Introduction: this paper briefly introduces the writing background and research object of the paper, summarizes the literature and main points of view of the related fields consulted in the paper, and describes the research methods and significance of the paper. The first part introduces the basic problems of foreign capital M & A, including the meaning of foreign capital M & A, and the relationship between M & A and "concentration of managers" in the sense of "Anti-monopoly Law". This part also introduces the basic types of foreign M & A and the characteristics of the present stage. The second part analyzes the necessity of anti-monopoly regulation of foreign capital M & A and the basis of its economics and jurisprudence. The third part: through combing the laws and regulations of foreign capital merger and acquisition regulation at the present stage of our country, summing up the deficiency of our country's foreign capital merger and acquisition anti-monopoly regulation, these shortcomings mainly include the insufficiency of the legislative system. As well as physical and procedural deficiencies. Part IV: by introducing the relevant laws and regulations of the United States and the European Union, this paper makes a comparative analysis of the situation of foreign M & A in these two regions. The fifth part: through drawing lessons from the legislation and practice of foreign countries, to achieve the writing purpose of this article-to perfect the foreign merger and acquisition antitrust system in China, combined with the foreign system and the former research situation, put forward their own suggestions. Conclusion: in order to regulate the foreign capital M & A cases in China, we must first solve some problems in the legal system. Although the Anti-Monopoly Law has been implemented for seven years, the exposed problems have not been solved. Only by constantly perfecting the shortcomings of these legal systems, can we better let them serve the foreign capital M & A behavior of our country, and guarantee the socialist economic construction of our country.
【学位授予单位】：华中科技大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.294
[Abstract]:Foreign M & A is not a strange word for most people, especially the Coca-Cola merger and acquisition of Huiyuan in 2008 made foreign M & A a hot spot at that time. In recent years, the number of foreign capital mergers and acquisitions in China has been increasing, and the scale is still expanding. Since the promulgation of the Anti-Monopoly Law, In the scope of foreign M & A, it creates a good market competition environment and ensures the healthy development of China's socialist economy. This year is the seventh year of the implementation of "Anti-monopoly". How to make better use of the Anti-monopoly Law and other relevant laws to regulate foreign capital mergers and acquisitions, and how to better improve the ability of our country to use foreign capital. It has become a problem that every legal person should think about. This article includes the introduction, the body five parts and the conclusion. Introduction: this paper briefly introduces the writing background and research object of the paper, summarizes the literature and main points of view of the related fields consulted in the paper, and describes the research methods and significance of the paper. The first part introduces the basic problems of foreign capital M & A, including the meaning of foreign capital M & A, and the relationship between M & A and "concentration of managers" in the sense of "Anti-monopoly Law". This part also introduces the basic types of foreign M & A and the characteristics of the present stage. The second part analyzes the necessity of anti-monopoly regulation of foreign capital M & A and the basis of its economics and jurisprudence. The third part: through combing the laws and regulations of foreign capital merger and acquisition regulation at the present stage of our country, summing up the deficiency of our country's foreign capital merger and acquisition anti-monopoly regulation, these shortcomings mainly include the insufficiency of the legislative system. As well as physical and procedural deficiencies. Part IV: by introducing the relevant laws and regulations of the United States and the European Union, this paper makes a comparative analysis of the situation of foreign M & A in these two regions. The fifth part: through drawing lessons from the legislation and practice of foreign countries, to achieve the writing purpose of this article-to perfect the foreign merger and acquisition antitrust system in China, combined with the foreign system and the former research situation, put forward their own suggestions. Conclusion: in order to regulate the foreign capital M & A cases in China, we must first solve some problems in the legal system. Although the Anti-Monopoly Law has been implemented for seven years, the exposed problems have not been solved. Only by constantly perfecting the shortcomings of these legal systems, can we better let them serve the foreign capital M & A behavior of our country, and guarantee the socialist economic construction of our country.
【学位授予单位】：华中科技大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D922.294
【相似文献】
相关期刊论文 前10条
1 ;中国年内陆续出台外资并购等法规[J];中国橡胶;2002年20期
2 何焰;关于我国外资并购的若干法律思考[J];天津市政法管理干部学院学报;2003年04期
3 陈永生;新政策环境下外资并购国有企业的思考[J];胜利油田党校学报;2004年05期
4 廉恩臣;;对外资并购应加强法律规制[J];法人杂志;2006年05期
5 黄俊峰;;外资并购引发担忧《反垄断法》出台与否存在争议[J];中国石油和化工;2006年06期
6 金伯生;;外资并购新规定七大看点[J];w挛胖芸，
本文编号：2155694
本文链接：https://www.wllwen.com/falvlunwen/jingjifalunwen/2155694.html
