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据北京一些法学专家分析,此案目前至少暴露了行政机关权力行使中的三大问题。即行政机关的内设机构能否对外发文?更换股东这样的重大事项,批复机关应否通知被更换的外商?下级机关可以不执行上级机关的行政复议决定吗?嘉利来案的三个关节点北京政法学院的一位专家对《中国对外贸易》介绍说,从法律角度来看,嘉利来案实际上有三个关节点。第一,北京二商集团在转让嘉利来股权的时候想没想到它转让的是最大股东的股权?它有没有权利来转让这个股权,转让股权时是
According to some legal experts in Beijing, the case currently exposes at least the three major problems in the exercise of executive power. That is, whether the agency set up by the executive authorities can dispatch major documents such as foreign exchangers or shareholders and approve the organ should notify the foreign exchangers that it is being replaced? Can the lower organ fail to implement the administrative reconsideration decision of the higher organ? An expert from the Beijing Institute of Political Science and Law on “China Foreign Trade” said that from a legal point of view, there are actually three knots in the case of Garley. First, when the Beijing Second Commercial Group transferred its equity interest in Carlyle, it never imagined that it had transferred the shareholding of the largest shareholder. Did it have the right to transfer the equity while transferring the equity?