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Express delivery sector opens up in China
Consumers will soon have a plethora of express delivery companies to choose from in China as the government has decided to open up the express delivery market to qualified foreign companies.
By Shi Jing in Shanghai (China Daily) Sep 25, 2014

Consumers will soon have a plethora of express delivery companies to choose from in China as the government has decided to open up the express delivery market to qualified foreign companies.

The decision to introduce more foreign investment in the sector was taken at a State Council executive meeting chaired by Premier Li Keqiang on Wednesday, Sep 24, 2014. The central government will create a business environment in which both domestic and foreign express companies can compete fairly, said a note released after the meeting. The enhanced competition will be an incentive for domestic companies to improve their operations and services, stimulate domestic demand and create more jobs, it said.

Leading overseas logistics companies have set their sights on the Chinese market as early as 2009, when the country's new Postal Law was implemented. United Parcel Service of America Inc has received licenses to operate express services in 33 Chinese cities, and 19 of these were granted this year. Apart from the two major hubs in Shanghai and Shenzhen, UPS also has about 250 operating facilities throughout China.

UPS expressed confidence that the "continuous market opening would facilitate greater opportunities for business growth, especially among small and medium-sized customer segments, as this growth is critical for the connectivity and competitiveness of the economy".

FedEx Corp said that it has been working closely with the relevant authorities to obtain express delivery services permits ever since the new Postal Law came into effect. Regarding the further opening-up of the package express delivery market, FedEx said it would be operating domestic business as usual in China.

法律之间冲突时的效力原则


正式的法的渊源的效力有时也被称为法律效力等级,或法律效力位阶。宪法(或根本法)属于第一层次,而民法、刑法、行政法、诉讼等基本法律属于第二层次,基本法律之下还可能有第三和第四层次的法律等等。不同位阶的法的渊源之间的冲突原则包括宪法至上原则、法律高于法规原则、法规高于规章原则、行政法规高于地方性法规原则等。


同一位阶的法的渊源之间的冲突原则,主要包括:(1)全国性法律优先原则。(2)特别法优先原则。(3)后法优先或新法优先原则。(4)实体法优先原则。(5)国际法优先原则。(6)省、自治区的人民政府制定的规章的效力高于本行政区域内的较大的市的人民政府制定的规章。


位阶出现交叉时的法的渊源之间的冲突原则,我国《立法法》主要规定:(1)自治条例和单行条例依法对法律、行政法规、地方性法规作变通规定的,在本自治地方适用自治条例和单行条例的规定。(2)经济特区法规根据授权对法律、行政法规、地方性法规作变通规定的,在本经济特区适用经济特区法规的规定。(3)地方性法规、规章之间不一致时,由有关机关依照各自的权限作出裁决。



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