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English arrow For Law Firms arrow Professional Development arrow Doing Business in China 1: The Legal System and Issues for Foreign Investors

Doing Business in China 1: The Legal System and Issues for Foreign Investors


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Price: $50.00 -
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Course #: ENIB0000R


Description

Who should attend?

Attorneys who serve clients doing business in China or Asia, or clients that might soon expand into these regions.

 

Description:

China is a country with a robust economy, growing at a rate of around 10% in the last two decades. It is a country attracting attention and investment from the international investment community. While China is a country full of opportunities, there also are uncertainties and risks associated with investing in such an emerging market economy. Specifically, China is still in the process of developing a legal system suitable for its socialist market economy and is establishing rules of law.

 

What you will learn:

This presentation will explain the three branches of Chinese government – National People's Congress, State Council and Supreme People's Court and its local counterpart – and the relationship among the three branches of Chinese government. It also will introduce the sources of law in China and the hierarchy of the laws and regulations in China. This presentation then will discuss the role played by central and local governments in the examination and approval for foreign investment in China. Furthermore, it will analyze China's court system and its strengths and weaknesses as an institution for resolving disputes between Chinese parties and foreign investors. Based on the brief introduction to China's legal system, the presenter will identify and discuss several major legal and regulatory issues that foreign investors should be keenly aware of investing in China.

Specifically, China is still in the process of developing a legal system suitable for its socialist market economy and is establishing rules of law. It has established a government structure and legal system built on separation and cooperation, rather than separation of powers and checks and balances adopted in many foreign countries. China has developed a comprehensive legal regime to regulate foreign trade and foreign investment in China, and the core of this regulatory regime is government approval for foreign investment in China. It has borrowed many legal concepts and practices from common law and civil law systems, but many of these legal concepts and practices function differently under China's legal system. It is therefore critical for foreign lawyers to have a better understanding of China's legal system in general and its legal framework for foreign investment in particular. Foreign lawyers need to be aware of the legal issues resulting from the differences between the Chinese legal system and common law and civil law systems.

 

What you will receive:

A copy of the presentation 

 

Recorded: 9/14/07

 


 

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