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外商投资企业在设立、经营、变更、终止等环节均需要行政主管部门审批,公权力与私权利交织在一起,使得外商投资纠纷复杂化,法院在处理这些案件时的审理难度可想而知。行政审批对民事合同效力的影响成为审理该类中外合作企业股权转让纠纷的难点,本文试图探讨行政审批与合同效力的关系,以求对司法实践有所裨益。
Foreign-invested enterprises are required to examine and approve administrative departments for such links as establishment, operation, alteration and termination. Public and private entitlements are intertwined, complicating disputes over foreign investment and the difficulty of the courts in handling such cases can be imagined. The impact of administrative examination and approval on the effectiveness of civil contracts has become a challenge in the trial of such disputes over equity transfer disputes between Chinese and foreign cooperative enterprises. This paper attempts to explore the relationship between administrative examination and approval and the effectiveness of contracts in order to provide some benefits to judicial practice.