judicial interpretation Mainland China Translation unavailable

SPC Interpretation on Application of the Foreign Investment Law

最高人民法院关于适用《中华人民共和国外商投资法》若干问题的解释

SPC interpretation on foreign-investment contract validity, negative-list restrictions, and the post-Foreign Investment Law shift away from treating every foreign-investment dispute as an approval problem.

Use It For

Use this when a foreign-investment contract, nominee arrangement, equity transfer, or capital contribution dispute raises validity questions after the Foreign Investment Law.

Teaching Notes

The interpretation is especially useful for teaching the distinction between prohibited sectors, restricted sectors, and sectors outside the negative list. It pushes courts toward validity where the investment is outside the negative list or where a restricted-sector defect has been cured before judgment.