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Easier overseas investment for domestic companies
New measures to allow easier overseas investment by domestic companies have been released by the Chinese Ministry of Commerce (MOC). Under the new rules, the ministry cedes its previous control over the number of investment projects. Only overseas investment projects in sensitive countries or regions, as well as in sensitive industries will require approval by the MOC.
(Xinhua)Updated: 2014-09-07 17:02

BEIJING - New measures to allow easier overseas investment by domestic companies have been released by the Chinese Ministry of Commerce (MOC).

Under the new rules, the ministry cedes its previous control over the number of investment projects. Only overseas investment projects in sensitive countries or regions, as well as in sensitive industries will require approval by the MOC.

Such sensitive countries or regions include countries that have not established diplomatic ties with China and those countries under the United Nations sanctions. Other overseas investment projects only need to register with the MOC, according to the new measures posted on their website Saturday.

Aimed at allowing more freedom for outbound investment, the measures take effect on Oct 6 this year.

Previously, any overseas investment project worth more than $100 million was required to be approved by the MOC. Overseas investment in energy and mining, or projects between 10 million and $100 million, must also be approved by provincial commerce departments.

Overseas investment by industries under China's export restriction policies or those projects affecting more than one foreign country's interests are subject to the MOC's approval review.

Apart from the MOC, the National Development and Reform Commission (NDRC), China's top economic planner, has the power to approve or veto an overseas investment project.

According to the new measures unveiled by the NDRC in April, Chinese companies planning to invest less than $1 billion overseas will only need to register with authorities rather than get approvals from the NDRC.

Any overseas investment project larger than $1 billion must be approved by the NDRC and investment above $2 billion must be approved by the State Council, or China's cabinet.

As one of the most popular destinations for foreign investment, China has also become the world's third-largest investor during the first seven months of the year, investing $52.55 billion in non-financial companies in 149 countries or regions, according to the MOC.

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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