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许多成功的购并案例似乎都向人们展示了一个美好的前景:中国民营企业通过参与国有企业的改革、改组，实现跨越式发展,迅速走向成熟。有人甚至乐观地预言:“国企大范围改制,是正处在成长初期的中国民营企业千载难逢的历史性机遇。”但是,国有企业的产权改革,特别是民营企业参与国企产权改革至今仍然是一个触动人们神经的敏感话题,而由于国有企业的现实情况多种多样,各相关方面的利益复杂地交织在一起,在具体操作上常常遇到意想不到的难题。民营企业若想分享国有企业的改革、改组所带来的发展机遇,必须敏锐地识别并设法规避其中的种种法律风险。
Many successful mergers and acquisitions seem to have shown a bright future to people: Chinese private enterprises have rapidly matured by participating in the reform and restructuring of state-owned enterprises and achieving leapfrog development. Some people even optimistically predicted: “The massive restructuring of state-owned enterprises is an historic historic opportunity for Chinese private-owned enterprises that are in their early stages of growth.” However, property rights reform of state-owned enterprises, especially private-owned enterprises, is still an issue of reform in property ownership of state-owned enterprises People are nervous and sensitive topics. Due to the variety of actual conditions in state-owned enterprises and the complicated interests of various stakeholders, they often encounter unexpected problems in their operation. If private-owned enterprises want to share the development opportunities brought about by the reform and restructuring of state-owned enterprises, they must acutely identify and try to evade the various legal risks involved.