In the past four decades since the founding of New China, China’s foreign trade has witnessed significant achievements. But effective law covering foreign trade has not been enacted for various reasons. As China’s f...In the past four decades since the founding of New China, China’s foreign trade has witnessed significant achievements. But effective law covering foreign trade has not been enacted for various reasons. As China’s foreign trade reform deepens and trade develops further, it is imperative to update the law to conform with China’s return to signatory membership of Gatt.展开更多
In this paper, the impact of the new company law on foreign-funded enterprise law are analyzed. Firstly, the foreign investment enterprise law is summarized, followed by a detailed introduction of the impact of the ne...In this paper, the impact of the new company law on foreign-funded enterprise law are analyzed. Firstly, the foreign investment enterprise law is summarized, followed by a detailed introduction of the impact of the new company law and foreign-invested enterprise law. Finally, Impact on the Law of Foreign Investment Enterprises. From these researches, it is concluded that the promotion of the new company law on the relationship between FIEs and some suggestions liar the coexistence of the lwo.展开更多
In this paper, the impact of the new company law on foreign-funded enterprise law are analyzed. Firstly. the foreign investment enterprise law is summarized, followed by a detailed introduction of the impact of the n...In this paper, the impact of the new company law on foreign-funded enterprise law are analyzed. Firstly. the foreign investment enterprise law is summarized, followed by a detailed introduction of the impact of the new company law and foreign-invested enterprise law . Finally. Impact on the Law of Foreign Investment Enterprises. From these researches, it is concluded thai the promotion of the new company law on the relationship between FIEs and some suggestions for the coexistence of the two.展开更多
Paragraph 2 of Article 30 of the Law on Foreign Relations of the People's Republic of China(PRC),adopted at the third session of the Standing Committee of the 14th National People's Congress(NPC)on June 28,202...Paragraph 2 of Article 30 of the Law on Foreign Relations of the People's Republic of China(PRC),adopted at the third session of the Standing Committee of the 14th National People's Congress(NPC)on June 28,2023,explicitly stipulates that"treaties and agreements that the State concludes or accedes to shall not contravene the Constitution."This marks the first explicit recognition in Chinese statutory law of the hierarchical relationship between treaties and the Constitution,effectively establishing the principle of constitutional supremacy within the statutory rule system.Under the Law on Foreign Relations,the constitutional review system established by the newly revised Legislation Law of the PRC,which centers on the exercise of the power of constitutional review by the NPC Standing Committee,has expanded the scope of review objects and,more importantly,provided a new legal basis for constitutional review.The provisions,principles,and spirit of the Constitution can serve as definitive standards for constitutional review.Therefore,the formal implementation of the Law on Foreign Relations has injected new vitality into China's constitutional review system,granting the Constitution,as the fundamental law of the State,the highest legal authority within the statutory hierarchy.This advancement contributes to promoting the implementation of the Constitution and upholding its authority.展开更多
Foreign-related affairs are international relations considered from a domestic perspective,and their governance models vary over time.War has long been a decisive approach to handling international relations.With the ...Foreign-related affairs are international relations considered from a domestic perspective,and their governance models vary over time.War has long been a decisive approach to handling international relations.With the Charter of the United Nations requiring peaceful resolutions of international disputes and general banning use of force or threat of force to address international affairs,international relations have been placed on a track of legal governance.Governance of foreign-related affairs has to be formalized,although the associated legal governance model still has a close relationship with other models,and the domestic context plays a great role in this.Legal governance can adopt an approach to international law,domestic law,and policy coordination.The legal governance of China's foreign-related affairs can be regarded as the rule of law applied to foreign-related affairs.To exercise foreign-related affairs in a coordinated manner,appropriately exercising extraterritorial application and jurisdiction,safeguarding national sovereignty,security,and development interests,as well as common values of humanity,and building a human community with a shared future.展开更多
文摘In the past four decades since the founding of New China, China’s foreign trade has witnessed significant achievements. But effective law covering foreign trade has not been enacted for various reasons. As China’s foreign trade reform deepens and trade develops further, it is imperative to update the law to conform with China’s return to signatory membership of Gatt.
文摘In this paper, the impact of the new company law on foreign-funded enterprise law are analyzed. Firstly, the foreign investment enterprise law is summarized, followed by a detailed introduction of the impact of the new company law and foreign-invested enterprise law. Finally, Impact on the Law of Foreign Investment Enterprises. From these researches, it is concluded that the promotion of the new company law on the relationship between FIEs and some suggestions liar the coexistence of the lwo.
文摘In this paper, the impact of the new company law on foreign-funded enterprise law are analyzed. Firstly. the foreign investment enterprise law is summarized, followed by a detailed introduction of the impact of the new company law and foreign-invested enterprise law . Finally. Impact on the Law of Foreign Investment Enterprises. From these researches, it is concluded thai the promotion of the new company law on the relationship between FIEs and some suggestions for the coexistence of the two.
基金the 2023 Major Innovation Project of the Chinese Academy of Social Sciences,"Study on the Basic Formation of the Overall Framework for the Law-Based Governance in All Fields"(No.2023YZD021).
文摘Paragraph 2 of Article 30 of the Law on Foreign Relations of the People's Republic of China(PRC),adopted at the third session of the Standing Committee of the 14th National People's Congress(NPC)on June 28,2023,explicitly stipulates that"treaties and agreements that the State concludes or accedes to shall not contravene the Constitution."This marks the first explicit recognition in Chinese statutory law of the hierarchical relationship between treaties and the Constitution,effectively establishing the principle of constitutional supremacy within the statutory rule system.Under the Law on Foreign Relations,the constitutional review system established by the newly revised Legislation Law of the PRC,which centers on the exercise of the power of constitutional review by the NPC Standing Committee,has expanded the scope of review objects and,more importantly,provided a new legal basis for constitutional review.The provisions,principles,and spirit of the Constitution can serve as definitive standards for constitutional review.Therefore,the formal implementation of the Law on Foreign Relations has injected new vitality into China's constitutional review system,granting the Constitution,as the fundamental law of the State,the highest legal authority within the statutory hierarchy.This advancement contributes to promoting the implementation of the Constitution and upholding its authority.
基金funded by Project of Renmin University of China Scientific Researchn Foundation(2021030002).
文摘Foreign-related affairs are international relations considered from a domestic perspective,and their governance models vary over time.War has long been a decisive approach to handling international relations.With the Charter of the United Nations requiring peaceful resolutions of international disputes and general banning use of force or threat of force to address international affairs,international relations have been placed on a track of legal governance.Governance of foreign-related affairs has to be formalized,although the associated legal governance model still has a close relationship with other models,and the domestic context plays a great role in this.Legal governance can adopt an approach to international law,domestic law,and policy coordination.The legal governance of China's foreign-related affairs can be regarded as the rule of law applied to foreign-related affairs.To exercise foreign-related affairs in a coordinated manner,appropriately exercising extraterritorial application and jurisdiction,safeguarding national sovereignty,security,and development interests,as well as common values of humanity,and building a human community with a shared future.
