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China to Step up Financial Leasing to Bolster Economy
The State Council, China's Cabinet, on Wednesday mapped out measures to accelerate development of financial leasing and make it better serve the real economy.

BEIJING, Aug. 26 2015 (Xinhua) -- The State Council, China's Cabinet, on Wednesday mapped out measures to accelerate development of financial leasing and make it better serve the real economy.

Accelerating development of financial leasing could ease financing difficulty and financing cost, spur investment on equipment and promote industrial upgrade, said a statement released after a State Council executive meeting presided over by Premier Li Keqiang.

The meeting demanded less red tape, including no minimum capital threshold for financial leasing companies to establish subsidiaries and easier procedures for leasing equipment like ships, farming machinery, medical devices and aircraft.

Development of leasing businesses involving high-end equipment imports, clean energy and people's livelihood should be sped up. Establishment of leasing businesses for small enterprises and agricultural development should be encouraged, the statement said.

Export of equipment and international production capacity cooperation aided by financial leasing are encouraged, it said.

The meeting also called for making good use of the Internet, establishing markets for trading of leases and second-hand equipment, and developing leaseback business.

The meeting encouraged local governments to provide incentives and risk compensation to guide financial leasing businesses to better serve the real economy.

The meeting also decided to lower central government charges and reset local charges in the import and export processes to relieve the burden on businesses and stimulate foreign trade.

Detailed charge lists of ports will be made public, according to the statement.

The meeting also discussed mass entrepreneurship, innovation, public services and poverty relief, based on appraisal of progress in these areas conducted by third parties commissioned by the State Council.

The meeting noted that third party appraisals, as an innovative measure in government administration, will continue to be used to assess the implementation of polices.

The meeting also decided to reform the system of technical posts for primary and high school teachers.

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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