This week's legislation in brief

June 08, 2012 | BY

clpstaff &clp articles &

Includes: application of the law in trials of disputes over purchase and sales contracts

Supreme People's Court, Interpretation on Issues Relevant to the Application of the Law in Trials of Disputes over Purchase and Sales Contracts

最高人民法院关于审理买卖合同纠纷案件适用法律问题的解释

The Interpretation confirms the legal status of an agreement to contract such as a subscription document, purchase document, order document, letter of intent or memorandum of understanding as well as the liability for failure to conclude the purchase or sales contract.

Full text translation available in the July/August issue

See also:

PRC Contract Law, May 1999

Provisions on Several Issues Concerning the Application of the Law in Trials of Foreign-related Civil and Commercial Contract Disputes, Sep 2007


Six ministries and commissions have recently issued a series of documents opening traditionally monopolistic sectors to private investment:

a. Ministry of Transport, Implementing Opinions on Encouraging and Guiding Private Capital to Invest in the Road and Water Transportation Sector

交通运输部关于鼓励和引导民间资本投资公路水路交通运输领域的实施意见

b. Ministry of Railways, Implementing Opinions on Encouraging and Guiding Private Capital to Invest in Railways

铁道部关于鼓励和引导民间资本投资铁路的实施意见

c. Ministry of Health, Circular on the Operating Nature of Medical Institutions Established with Non-governmental Capital

卫生部关于社会资本举办医疗机构经营性质的通知

d. China Banking Regulatory Commission, Implementing Opinions on Encouraging and Guiding the Investment of Private Capital into the Banking Sector

中国银监会关于鼓励和引导民间资本进入银行业的实施意见

e. State-owned Assets Supervision and Administration Commission of the State Council, Guiding Opinions on Actively Introducing Private Investment in the Reform and Re-organisation of State-owned Enterprises

国务院国有资产监督管理委员会关于国有企业改制重组中积极引入民间投资的指导意见

f. National Development and Reform Commission, Implementing Opinions on Encouraging and Guiding Project Consultancies to Serve Private Investment

国家发展改革委关于鼓励和引导工程咨询机构服务民间投资的实施意见

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