摘要
产业准入管制和反垄断管制是我国应对外资并购的基本管制方法。反垄断管制应当服从准入管制。反垄断管制和产业政策管制的重点要随着环境的变化而变化,最终要服从国家经济利益。2006年《关于外国投资者并购境内企业的规定》的六章六十一条与2003年的《外国投资者并购境内企业暂行规定》的二十六条相比,有了很大的改进,但就准入管制而言,仍有外资准入的领域不科学、甄别外资的标准不科学、超国民待遇不合理等问题;就反垄断管制而言,相关市场和市场集中度的界定、域外管辖等问题还有待完善。
Controls on admission of customs and anti-monopoly are two basic ways for Chinese government to deal with mergers and acquisitions of domestic enterprises by foreign investors. The control on anti-monopoly should be subordinate to the control on admission of customs. The controls on admission of customs and anti- monopoly should change according to environmental variation and be ultimately subordinate to the national interests. Compared with the Interim Provisions on Mergers and Acquisitions of Domestic Enterprises by Foreign In- vestors in 2003, Provisions on Mergers and Acquisitions of Domestic Enterprises by Foreign Investors in 2006 has been improved a lot, but still has some problems. As far as the control on admission of customs is concerned, among others the following problems are in need of serious consideration ： the delimitation of the domain of admission of foreign investors and the standard for the definition of foreign investors are both unscientific, and the unreasonable ultra-national treatment still exists. As far as the control on anti-monopoly is concerned, among others, the defects in the definitions of the related market and the degree of market concentration, and in extraterritorial jurisdiction should be improved.
出处
《南京师大学报（社会科学版）》
CSSCI
北大核心
2008年第6期21-26,73,共7页
Journal of Nanjing Normal University(Social Science Edition)
关键词
外资并购
准入管制
反垄断管制
mergers and acquisitions of domestic enterprises by foreign investors
control on admission of customs
control on anti-monopoly
