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从1984年起。全国各地陆续出现了各种形式的企业兼并现象,1988年进入到一个高潮。被人们称为继扩大企业自主权、实行承包租赁经营责任制之后企业改革的“第三次浪潮”。到目前为止,企业兼并已遍及十几个省、市、自治区,全国至少有1500多家企业在竞争中被兼并。因此,研究我国经济体制改革中出现的这一新情况。从法律角度探讨其存在的形式、特征及其管理方法,对于我们在治理整顿的大环境中正确引导和管理企业有着重要意义。一、企业兼并是企业体制改革的必然结果,它打破了“企业不能作为商品”的教条我国的企业体制改革,原先主要从如何理顺国家与企业之间的关系来考虑,而对企业之间的关系很少涉及,因此缺乏企业间优胜劣汰、不断优化生产要素组合和资源配置的机制,国有资产的存量部分长期处于僵化的沉淀状态。企业兼并的出现,突破了企业不能作为商品的教条,为搞活固定资产存量找到了一个途径。它的积极意义表现在: 第一,为不断优化生产要素组合提供了新机制。长期以来,
Since 1984. There have been various forms of mergers and acquisitions across the country, and in 1988 it has reached a climax. It is known as the “third wave” of enterprise reform following the expansion of enterprise autonomy and the implementation of contracted leasing operating responsibility system. So far, mergers and acquisitions have spread to over a dozen provinces, municipalities, and autonomous regions, and at least more than 1,500 companies across the country have been merged in competition. Therefore, the new situation that emerged in the reform of China’s economic system was studied. It is of great significance for us to properly guide and manage the enterprise in the large environment of governance and rectification from the perspective of law to discuss its existing forms, characteristics, and management methods. First, corporate mergers and acquisitions are the inevitable result of the reform of the enterprise system. It breaks the dogma that “enterprises cannot be used as commodities” in China’s enterprise system reforms. It was originally considered mainly from how to rationalize the relationship between the state and the enterprise, and between enterprises. The relationship is seldom involved. Therefore, there is no mechanism for the survival of the fittest among the enterprises, the optimization of the combination of production factors and the allocation of resources, and the stock of state-owned assets has long been in a rigid state of precipitation. The emergence of corporate mergers breaks through the dogma that companies cannot be used as commodities, and has found a way to invigorate the stock of fixed assets. Its positive significance is reflected in: First, it provides a new mechanism for continuously optimizing the combination of production factors. For a long time,