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企业兼并已成为经济上的事实,但仍未在法律上找到现实的出路。我国立法应建立什么样的制度来切实引导企业兼并的良性发展?是从对企业兼并的全面理论分析出发建立全新的《企业兼并法》,还是把目光转向现有体制,通过对旧有法律制度的变更和补充达到这一目的?我们选择后者。并不是因为前者荒谬难行,而是后者更切合国情、更有效益。经济立法的选择以
Mergers and acquisitions have become an economic fact, but have not yet found a realistic way out of the law. What kind of system should be established in our legislation to effectively guide the healthy development of mergers? Starting from a comprehensive theoretical analysis of the merger of enterprises to establish a brand new “Merger Law” or turn to the existing system, through the old legal system The change and addition to achieve this goal? We choose the latter. It is not because of the absurdity of the former that the latter is more suited to national conditions and more effective. The choice of economic legislation to