我国外资并购的立法现状及建议

近几年来，外资对我国的投资力度增大，投资方式趋向灵活，其中外资对并购中国的企业产生了极大的兴趣，跨国并购成为了外资进入我国市场的一种方式。外资并购在发挥其积极作用的同时，也会带来一些负面影响。从发达国家的立法和司法经验来看，对跨国并购都有严格的实质性规定和程序性要求，而中国目前的外资并购虽然已有了长足的发展。但是相关的法律法规仍不完善，不系统。文章将对外资并购现行立法的进步和不足进行分析。并借鉴外国立法实践，结合中国本身的实际，提出以后立法工作上的建议。

Suggestions on the Promptness of the Legislative Situation of the Merger and Acquisition by Foreign Capital in China

In recent years, with more and more foreign capital into China and the investment ways becoming more flexible, foreign companies are very interested in merging and acquiring Chinese enterprises and transnational merger and acquisition has become one way for foreign capitals to get into China. It is playing a positive role and at the same time will bring some negative effects. From the legislative and judicial experience of developed countries, they have strict substantive regulations and program requirements, while in China, even if it has developed very well, the relevant laws and regulations are not perfect and systematic yet. This article has analyzed its progress and defects in China and given some suggestions on legislation considering the experience of foreign countries and the reality of China.