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外资并购是国际投资的新趋势,有利于多渠道引进外资,引进国外的先进技术和管理经验,提高利用外资的水平,实现资源的合理配置,促进就业和市场竞争。但同时,外资并购作为外商投资的一种新方式,势必要求纳入一国的外资法律管制之中,以维护公平竞争和国家经济安全,维护社会经济秩序和社会公共利益。本文旨在探讨加入WTO后,我国外资并购法律政策发展的现状,并针对所存在的问题提出相应的对策建议,以便有效利用外资并购这一外商投资的新模式。
Foreign mergers and acquisitions are a new trend of international investment. They are conducive to the introduction of foreign investment through multiple channels, the introduction of advanced technologies and management experiences from abroad, the improvement of the level of utilization of foreign investment, the rational allocation of resources and the promotion of employment and market competition. However, at the same time, as a new form of foreign investment, M & As of foreign investors are bound to be required to be incorporated into the legal control of foreign investment in a country so as to safeguard fair competition and national economic security and safeguard the social and economic order as well as social and public interests. The purpose of this paper is to explore the status quo of the development of China’s foreign M & A legal policies after China’s accession to the WTO, and to put forward corresponding countermeasures and suggestions on the existing problems in order to make effective use of foreign M & A this new model of foreign investment.