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Legal Environment for Doing Business in China

Legal Environment for Doing Business in China. Dr. Lu Zhian Associate Prof. Of Law, Fudan University Law School Lawyer, Pudong Law Office, Shanghai. Part I. Business and Regulatory Environment. 1.1 The State Organization.

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Legal Environment for Doing Business in China

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  1. Legal Environment for Doing Business in China Dr. Lu Zhian Associate Prof. Of Law, Fudan University Law School Lawyer, Pudong Law Office, Shanghai

  2. Part I Business and Regulatory Environment

  3. 1.1 The State Organization • Unitary System: Unitary Constitution; Central Government’s leadership • Structure: Vertical: the Central Level; Provincial Level; Profectural Level; County Level; Township Level Horizontal: People’s Congress and its Standing Committee; State Council; People’s Court; People’s Procuratorate

  4. 1.2 Hierarchy of Chinese Legal System • Constitution • Basic Laws • Laws • Administrative Regulations • Local Legislation

  5. 1.3 Legal Institution • People’s Court: adjudication • People’s Procuratorate: supervision

  6. 1.4 The Judicial System of China Court System of China the Supreme People’s Court the High People’s Courts the Intermediate People’s Courts the Basic People’s Courts

  7. 1.5 Legal Profession • Lawyer: Full time vs Part-time • Law Firm: Partnership; Individual • Foreign Law Firm

  8. 1.6 Relevant Government Authorities • Ministry of Commerce • Bureau of Administration on Industries and Commerce • Others

  9. 1.7 Key Laws • Constitution; • Foreign Investment Law • Civil and Commercial Law; • Intellectual property Law • Contract Law; • Company Law; • Criminal Law; • Administrative Law; • Consumer Protection Law; • Anti-unfair Competition Law • Anti-Monoply Law • Environment Protection Law • Foreign Investment Law • Foreign Trade Law • Procedure Law and Arbitration Law; etc.

  10. 1.8 China and International Treaties including WTO • WTO: GATTS; GATS; TRIPS • Investment Agreement: MIGA; ICSID; Bilateral Agreement • Taxation Treaties • Other Treaties

  11. 1.9 Dispute Resolution • Negotiation • Mediation • Arbitration • Litigation

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