CAJ | 학술논문

21世纪以来,欧盟主要国家纷纷修改外资并购立法,加大对外资并购国家安全的审查,审查标准趋于严格,审查范围愈发扩大.这种外资审查立法权扩张的冲动受到来自《欧共体条约》所确立的资本自由化原则的制约.在国际投资政策趋紧的背景下,中国公司近年来在欧美国家的外资并购不断受阻.深入理解欧盟外资并购立法的规定是当前中国企业制定国际化战略的基本要求.
21세기이래,구맹주요국가분분수개외자병구입법,가대대외자병구국가안전적심사,심사표준추우엄격,심사범위유발확대.저충외자심사입법권확장적충동수도래자《구공체조약》소학립적자본자유화원칙적제약.재국제투자정책추긴적배경하,중국공사근년래재구미국가적외자병구불단수조.심입리해구맹외자병구입법적규정시당전중국기업제정국제화전략적기본요구.
@@@@Since the 21st century, European Union and its member states revised their laws on foreign direct investment of merger and acquisition; strengthen the review system on "national security" in M&A. As the standard become stricter and scope more loosely, there is a tendency of expansion of administrative powers. However, according to the EU law, member states legislation must be reviewed under the constraint of "free movement of capital" principle. Chinese enterprises were con-stantly prohibited in EU and US market recently, deeply understand the laws in EU countries are the basic requirement of international strategies for Chinese corporations.