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日本,作为大陆法系的代表国家,具有完善的外资并购法律监管体系,并且一直保持着较高的外资并购水平。中国,作为目前最大的发展中国家,外资并购也日益兴盛,相应的法律监管体系也逐步完善。中日两国的法律监管制度的调控范围,以及危害国家安全性审查、反垄断审查、公司持股和收购上市公司审查方面的相关规定各不相同。我国应当从建全外资并购法律体系、保障国民经济安全、清晰反垄断的界定范围以及完善公司持股与公司上市审查制度等方面借鉴日本法律经验以完善我国外资并购监管法律制度。
Japan, as the representative country of the civil law system, has a sound legal supervision system of mergers and acquisitions by foreign investors and has always maintained a high level of M & A by foreign investors. As the largest developing country at present, China is also booming with its merger and acquisition of foreign capital, and the corresponding legal supervision system is gradually being improved. The scope of regulation and control of the legal supervision system in China and Japan and the relevant provisions that endanger the national security review, antitrust review, company shareholding and the acquisition of listed companies vary. China should learn from the experience of Japanese law in order to perfect the legal system of foreign mergers and acquisitions in China from establishing a legal system of foreign investment mergers and acquisitions, ensuring national economic security, defining the scope of antitrust, and improving the system of holding shares and listing of companies.