Lawyers in Modern China

Then set up a personal list of libraries from your profile page by clicking on your user name at the top right of any screen. You also may like to try some of these bookshops , which may or may not sell this item. The National Library may be able to supply you with a photocopy or electronic copy of all or part of this item, for a fee, depending on copyright restrictions.

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Skip to content Skip to search. Language English View all editions Prev Next edition 2 of 2. Other Authors Que, Beibei. Physical Description xii, p. Subjects Lawyers -- China. Practice of law -- China. Lawyers -- United States. Several of the schemes for producing more electricity have hinged on gas coming in from offshore. But production is dropping in quantity and quality and Thai TPP has first call on it. The government has given a green light for companies to do LNG, but the only credible one is led by Total.

Everybody and his brother wants to build and operate special economic zones and industrial parks. Here, there, and everywhere. We cannot understand the drive for these parks, especially in areas where the roads and other infrastructure, -to say nothing of electrical power availability- are in general lacking. A key thing, one I focus on whenever I talk to developers of these things is: A lot of the developers are either ignoring or worse yet, -ignorant- of certain facts about Burmese workers.

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When we first started this blog we would fairly often get hundreds of comments on one post. With the changes in how so many of you actually see our posts and the importance of social media, those days are over. Or at least they have diversified.

1. News Tag Clouds.
2. A Root Awakening.
3. Law and Institutions of Modern China.
4. Lawyers in Modern China by Richard Komaiko and Beibei Que (2009, Hardcover).
5. Cubes and Punishment: A Dilbert Book;
6. Law and Institutions of Modern China: 1st Edition (Hardback) - Routledge.

As part of that diversification, we have ramped up what we do on social media as well. That group is always growing at it is now has more than 11, members and the number and quality of our discussions keep rising as well. The group has a large contingent of members who live and work and do business in China and a large contingent of members who do business with China from the United States, Australia, Canada, Europe, Africa, the Middle East and other countries in Asia. Some of our members are China lawyers, but the overwhelming majority are not.

We have senior personnel both China attorneys and executives from large and small companies and a whole host of junior personnel as well. We have professors and we have students. These mixes help elevate, enliven, and enlighten the discussions. We have become so proficient at not allowing spam to see the light of day that hardly anyone even tries to sneak anything past us anymore. If you want to learn more about doing business in China or with China, if you want to discuss China law or business, or if you want to network with others doing China law or business, I urge you to check out our China Law Blog Group on Linkedin and join up.

The more people in our group, the better the discussions. Click here and join us! That page deals with China law, sure, but it also deals with politics, tourism, food and fashion, business, culture, language, and just about anything else China-related. Our goal with that page is to educate and entertain.



Please check out our Facebook page too, by clicking here. Click here for that. China employee working hours is another good example of this. Many foreign employers dislike this system because it means any work done outside standard working hours is overtime and must be paid accordingly. The requirements for getting an employee under the flexible hours system like pretty much everything else employee related in China are localized and can change without notice. The local government decision on whether to grant a flexible hours exception rests with local employment officers and they have plenty of discretion and their interpretations of the law can vary.

Once any of our China employment lawyers gets an approval, we are always certain to send that same lawyer back for any subsequent approvals, figuring that we are not going to mess with what works. There are actually a few very limited circumstances under which employers do not need prior government approval before they can make an employee work flexible hours, but those exceptions vary by locale and they can change without notice as well. Failing to do so can lead to lawsuits and penalties.

When it comes to China employment laws, you really need to get clear on what can be contracted away, and what cannot. The Kindle edition is already out and the softcover version will soon follow. I wrote this book intending it to be a quick and easy off the shelf reference for companies with employees in China. Please check it out and let me know what you think. Way back in , my good friend Andrew Hupert wrote a great book on negotiating with Chinese companies: And for the last five years, whenever anyone asks me what book they should read to learn more about how to negotiate with Chinese companies I always recommend The Fragile Bridge.

Earlier this week, someone to whom I made this recommendation emailed me with the following:. Thanks for recommending The Fragile Bridge to me. Any particular reason why you never recommended it on your blog? I hate writing book reviews. Maybe worst of all, it requires reading a book slowly and taking notes, which contrasts with my style, which is to read books as quickly as possible with no note taking whatsoever.

When I tell people how tough I find writing book reviews, they always wonder why it would be any tougher than just writing a blog post.

China Desk in Moscow

Most of my blog posts come fast to me because they mostly consist of my putting in writing what I tell clients as part of my work, or what I hear other China lawyers in my firm tell clients as part of their work. But writing a book review is real work for which there is no bill at the end. If you will be negotiating with a Chinese company, you must buy it. The Chinese want your technology, intellectual property and product designs. You want their markets, resources and labor.

Case studies and examples illustrate each observation. How can you not want to read a book described as per the above? Big companies in China want to steal your IP. Small companies in China want to steal your IP. Government-owned companies want to steal it. Privately held companies want to steal it. This is not a reason not to do business with Chinese companies, but it is a reason for you to be sure to do business the right way with those companies.

We are nearing 11, members and the number and — most importantly — the quality of our discussions continues to increase as well. We have a large contingent of members who live and work in China and many who operate businesses there. Many of our group members are China lawyers both inside and outside China and both in-house and with private law firms but the overwhelming majority are not.

We have senior personnel from large and small companies and a whole host of junior personnel as well, again, both within China and outside China. We have professors and we have students of all levels. Perhaps of most importance is how we block anything and everything that resembles spam. We have become so proficient at this that virtually nobody even tries any more to inject spam into any of our discussions.

Many of our members have commented on how much they appreciate our vigorous no-spam policy. I assure you that will never change or even moderate. If you want to learn more about doing business in China or with China, if you want to discuss China law or business, or if you want to network with others doing China law or business, I urge you to check out our China Law Blog Group on LinkedIn and join up. And if you are a Facebook person, we can accommodate you there as well and I urge you to check out our rapidly growing China Law Blog Facebook page.

Our goals with our Facebook page are to entertain and to educate and to highlight issues that for various reasons we cannot discuss elsewhere; our Facebook page most certainly does not shy away from controversy. It also most emphatically covers more than just China law and China business. We post on China politics and diplomacy, China culture and history, China travel and tourism, China food and fashion. We post on pretty much anything we find interesting that day.

Pacific Basin Law Journal

And we give a lot of rope to the comments and that means we sometimes like just this morning get complaints about them from our readers. But we are of the view that you are big kids and recognize that it is not our role to protect you from what others might say. Anyway, please check out our Facebook page too, by clicking here. And last and least, after a three year hiatus, I went back on Twitter and I even every so often post on there as well.

My advice to them is usually a somewhat rambling dissertation on the need to build a solid legal foundation while constantly working on improving your Chinese language skills. Here then are some specifics, some of which are my own ramblings and some of which were purloined and appropriated from others. Many international firms in mainland China seek attorneys with American or British law degrees and high level Chinese language skills, but for various reasons, it is difficult to enter the China legal market without previous experience in the United States or the UK.

It is important to note that Westerners generally cannot become licensed China lawyers; they can only become Foreign Representative Attorneys. Many lawyers get around this by splitting their time between another jurisdiction including Hong Kong and China. If you do that for two years, you are eligible to work in China as a Foreign Representative Attorney. This way you bring an American or British legal education and the requisite high level law firm experience. If you go to China immediately after graduation you cut into what you can offer. It is important to note thought that the real key to increasing your value as a foreign lawyer doing China law is to be able to read and write in Chinese.

Being able to order a beer or discuss the weather in Chinese is great as a tourist, but nearly meaningless as a new lawyer whose chief job is usually to research and analyze written laws and contracts. On the other hand, there is something to be said for going to China right after law school. Ten years ago if you went immediately to China you would arguably be ending your legal career before it began. Globalization is changing this rapidly, but it is still a little risky and I frankly do not know the current situation well enough to advise anyone.

However, if you are looking for an American legal career, It is probably still best to stay in the States for at least a couple of years after graduating law school.

Dentons - China Desk in Moscow

Western academia and media have given scant attention to these developments. To the extent that Western commentators pay any notice whatsoever, it is to human rights lawyers and challenges to the rule of the Communist party. But such a focus misses the larger picture. The most consequential developments in Chinese legality are occurring at the center, rather than the periphery, of what is considered politically acceptable. Where building the rule of law in China is concerned, the reliable enforcement of extant rights in contract, property, and tort is far more important than pushing for the recognition of new rights or changing the process whereby rights are created.

Their unique historical situation, their distinctive sociology, their competence, and the conditions of their practice, as well as several other factors, are indispensable components to understanding the growth of Chinese legality and the socialist rule of law. Its history is the history of the moral development of the race. There is a growing interest in the structure, order, and values of China. This is all too reasonable given that one-fifth of the human population is in China, the Chinese economy is surging along to preeminence, and the Chinese state exerts an evergrowing influence on other states and international bodies.