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Civil and Commercial law and Administrative Regulations

SOURCE:DOINGBUSINESSINCHINA.ORG   TIME:2016-04-08

 


Civil and Commercial law and Administrative Regulations

Administrative regulations
There is no special law or administrative regulations to apply in many China industries and many investment behaviors depend on documents of the competent department of the state as the basis for adjustment.
The regulations set a large number of mandatory or prohibitive provisions and special administrative licensing system, the effect of civil and commercial behavior which is in foreign investment areas must be based on the rules to adjust and judgment.
Therefore, in the cases of foreign investment disputes, the people's court should be fully paid attention to the important changes in legislation to confirm the validity of the contract.
In addition to recognized validity of the contract according to the mandatory provisions of laws and administrative regulations in the normative effect of outside, can not invalidate a contract in accordance with local laws and regulations.

Civil and Commercial Law
To resolve disputes over foreign investment contracts, the primary consideration of the civil and commercial law is the general principles of civil law. Regulating the subject of foreign investment law should be the company law, contract law and property law. Only with such laws binding adjustment function can dynamically regulate foreign investment in civil and commercial behavior.
All of the ownership system of the property law, a total system and the system of real rights for security, or the system and the company law and the effectiveness of the contract law of contract, is an important basis for confirm the effectiveness of foreign investment legal behavior.

by-----Baidu Encyclopedia



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