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China creates new FTZs and expands old to facilitate reforms
China has expanded its free trade zone (FTZ) in Shanghai and established 3 new zones with eased investment rules to speed up reforms amid economic hardship.
The new zones and expansion of the Shanghai pilot zone were authorized during the bi-monthly meeting of the National People's Congress on Sunday.
Government approvals will end as a precondition for overseas companies setting up ventures or changing their purpose of business in these zones. Instead the companies only need to file a report to the authorities, according to the meeting.
Source:Pkulaw
Publish Date:12-29-2014

BEIJING -- China has expanded its free trade zone (FTZ) in Shanghai and established 3 new zones with eased investment rules to speed up reforms amid economic hardship.
The new zones and expansion of the Shanghai pilot zone were authorized during the bi-monthly meeting of the National People's Congress on Sunday.
Government approvals will end as a precondition for overseas companies setting up ventures or changing their purpose of business in these zones. Instead the companies only need to file a report to the authorities, according to the meeting.
The adjustment will take effect in March and will last for three years, after which official assessment will decide whether the policy should continue.
The move met market expectations that restriction on foreign capital will be gradually scrapped and marked the latest efforts by the central government to push its reform drive and stimulate the economy.
Policy makers vowed more efforts to reform and open up during a top-level economic policy meeting in the beginning of the month, which means foreign companies can expect more opportunities with widening market access.
China has managed to keep a steady but safe pace in opening its market to global competitors in order to shore up economy and avoid mistakes, which, even if small, could be costly to the world's second largest economy.
But thanks to the FTZs, the country can test opening-up measures with limited risks in small but critical business areas.
Li Wenpu, vice president of the school of economics of Xiamen University, described the FTZs as a pressure test for reform and said the free trade zones will press ahead further measures including streamlining administration and delegating powers.
The meeting said China will expand the Shanghai FTZ to include the city's commercial and financial center Lujiazui, as well as Jinqiao and Zhangjiang districts.
"The FTZ expansion will help explore new paths and accumulate experience for the country's further and overall reform," said Li Guanghui, vice president of Chinese Academy of International Trade and Economic Cooperation.
It will test China's reform policies in a broader area and also the feasibility to promote pilot measures in Shanghai to other regions, Li Guanghui added.
Using similar terms, Commerce Minister Gao Hucheng said the expanded Shanghai FTZ will test innovative and opening-up measures including foreign investment management, service sector opening up and more flexible supervision.
The meeting specified the geographic limits of trade zones in Guangdong, Fujian provinces and Tianjin municipality, the establishment of which was announced by the central government earlier this month.
Gao said the three new zones will shoulder distinct responsibilities in the economic opening up.
Li Guanghui said the Guangdong FTA will be centered on Hong Kong and Macao economic integration and benefit the upgrading of China-ASEAN trade. Fujian's trade zone will strengthen ties with Taiwan and the Tianjin FTA will serve to coordinate development among Beijing, Tianjin and Hebei Province.
Since the launch of the Shanghai FTZ in September 2013, 27 reform measures concerning foreign investment management, trade supervision and corporate annual reports have been copied and applied in other parts of 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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