A theater box is certain Local authority’s always enjoying, a theater box is national industry supporter’s everybody shouts hits, “introduces the foreign capital with all one’s strength”, is suffering the divergent interest group clearly different treatment in this special industry stage. The argument causes a clamor, however how favored finally, recently to release “the foreign capital merger and acquisition new gauge” by the authoritative department as if to make a more explicit statement to the market. the new gauge took in 2003 "Foreign investor Merger and acquisition Domestic Enterprise Temporary provisions" the bill for amendment, surpassed an original stipulation time of length, has made the detailed stipulation to the foreign capital merger and acquisition’s concrete program. Rests on "Stipulation" the content, the foreign investor merger and acquisition domestic enterprise and obtains the actual domination, involves the key industry, the existence influence either possible to affect the state economy safety factor or to cause to have the well-known trademark or the Chinese old shop domestic enterprise actual domination shift, the litigant should carry on the declaration in light of this to the department of commercial affairs. this transmits such signal without doubt: The Chinese attraction foreign merchant investment policy by is paying great attention quantity to transform to pay great attention the quality. Believed from a South Korean Tristar Economics institute’s analysis report that the Chinese government makes this kind of adjustment the reason is, along with continues maintains the high savings ratio and the project payment surplus increases frequently, China’s capital funds become abundant. In this case, China provides the preferential policy to the foreign merchant the necessity to weaken. Therefore when the examination foreign merchant invests and increases funding, the Chinese government proposed the transfer technology and sets up supplemental conditions and so on R&D center. This chief Researcher the Zheng graciousness even believed that the Chinese foreign merchant investment policy’s change is market economic reform extending, is the irreversible tendency. can not but acknowledge that this view hit the mark the question in certain degrees to be willing the wooden tally resembling a halberd carried in ancient times by officials when traveling. The professional believed that in reform and open policy initial period, as a result of the historical reason, the develop economy lacks the fund, also quite falls behind in the enterprise management and operation and the technical aspect. At that time, through the introduction foreign capital, has solved the problem which the construction funds are insufficient, simultaneously also reduced in has managed and in the technical disparity with the developed country. On the other hand, because at that time the world lacked the understanding and the trust to China, the infrastructure is very bad, the preferential policy way gives the foreign capital certain compensation for risk, the cost compensation introduction foreign capital is worth the affirmative procedure. But to guarantee that attracting investments measure’s success implementation, will introduce the foreign capital to take all levels of the government economic work the important inspection target to be worth understanding similarly. Therefore says from the actual need and the objective effect, the attracting investments policy before to the Chinese economy’s development the positive role.however passed through period of time the development, China’s investment environment and the market size already changed, China already became global attraction foreign capital most countries. Especially in the recent years, the ambitious foreign capital has enlarged through all sorts of ways to the Chinese industry investment and conformity dynamics. in the equipment manufacturing industry domain, the foreign capital investment merger and acquisition then control profession’s attempt is especially obvious, because our country equips the industry most the core enterprise is the place State-owned business, many year stalemates in the import equipment’s impact, simultaneously lack the research and development fund, in addition state-owned enterprise system’s flaw, “domestic competition internationalization” the market pressure in advance is serious, therefore overall deterioration. under this situation, the Multinational corporation uses own strength superiority, needs to reform when our country State-owned business, makes use enters the implementation merger and acquisition plan. Under such situation, our country mechanical industry important spare parts, the complete machine and the significant equipment domain, presented a series of cooperation event, and has potential of the spread to the profession platoon guide enterprise. has the media public figure to analyze, in the present existing some foreign capitals purchase our country to equip in Manufacturing firm’s case, the Multinational corporation by the inexpensive price our country Shareholding system’s high quality property, will be being in sole possession of the brand, the core technologies and manufacturing capacity, integrates the Joint venture, through the control enterprise right of management, forces the Chinese side to withdraw gradually, achieves finally eliminates the potential competition match, to monopolize our country market, to suppress our country technology advancement the goal. And such situation already was not a case. Brilliant negotiable securities Shen Xuejun indicated during the interview that in recent years the approximately 70% foreign capital merger and acquisition for the strategic industrial merger and acquisition, namely the global stationing nature’s long-term investment, this kind of merger and acquisition’s immediate consequence were causes the Chinese side to lose to the profession Leading enterprise’s domination, will then cause the Foreign-funded enterprise to realize the monopoly to the entire profession. the situation is as if quite serious, in June, 2006, the department of commercial affairs had issued "Chinese Industry Foreign capital Control report", indicated clearly for several years attract the foreign capital to invest China’s result and the advantages. in fact, in January when had the high-level aspect to express regarding this had worried. As early as in this year “two meetings” period, State Statistical Bureau former Bureau Chief Li Deshui said on the reminder that must treat the monopolizing transnational merger and acquisition discretely, after preventing to appear the wealth creates, its property rights and the right to control actually not completely belong to the Local government and the people. hereafter, the department of commercial affairs research institute foreign capital research department public figures also expressed “the foreign capital regulatory policy to be too general, the releasing regulation was urgent” the idea. He believed that draws up the profession table of contents which limits, or sets up the joint conference to add to the significant merger and acquisition behavior examines and approves the procedure together, is the feasible mode of administration. therefore in afterward number middle of the month, once some media reported that the Department concerned planned in the equipment manufacturing industry’s investment new gauge, lists one explicitly including 20-30 Key enterprises “the red name list”, requests maintains to these enterprises the state-owned capital controlling force, the Xu labor group, the mansion labor group, Shenyang Live pressure Equipment plant equipotential line row in which. At the same time, the plan lists a 20~40 household enterprise name list, by the State Council document form roll-call protection, forbids these enterprises by the foreign capital holding. However, considered the maintenance opening to the outside world reasons and so on image, in the stipulation which completes finally, has not listed the name list directly. is releasing "the State Council afterward about Promotion Equipment Manufacturing industry Certain Opinions" comes to light. Regarding argument intense foreign capital merger and acquisition, “opinion” releasing compares the pure moral stratification plane the argument to have the constructive nature. "Opinion" was clear sped up the promotion equipment manufacturing industry the goal: To 2010, develops one batch to have the strong competitive power large-scale equipment Manufacturing firm group, the enhancement has the proprietary intellectual property rights significant technical equip manufacturing capacity, satisfies domains and the national defense development and so on energy, transportation, raw material need basically. Forms a complete set this “the opinion”, Ministry of Finance will handle jointly with national Development and Planning Commission and so on Department concerned, the organization related enterprise, the profession association begins to study the related finance and taxation to drive the policy realization.what is gratifying, opinion first is: Take the structural adjustment as the master line, the optimized equipment manufacturing industry product and the industrial structure, forms one batch of characteristics bright, the key prominent industrial colony and the equipment manufacture intently. Therefore, the equipment manufacturing industry interior conformity speeds up or may anticipate. |