Author Archives: Forest

About Forest

An international Lawyer, based in China. (with phone nubmer: (+86)13920701735. Email: b.forest@163.com Providing full services for internaional coporations and individuals: international trade, international project, trans-regional finances, foreign investment, M&A, Marine disputes, trademark, copyright, trans-naitional crime, and etc. Our lawyers can speak both English and Chinese. We provide particular solutions for the risk that you concern.

最高人民法院关于审理无正本提单交付货物案件适用法律若干问题的规定

法释〔2009〕1号

中华人民共和国最高人民法院公告

《最高人民法院关于审理无正本提单交付货物案件适用法律若干问题的规定》已于2009年2月16日由最高人民法院审判委员会第1463次会议通过,现予公布,自2009年3月5日起施行。

二○○九年二月二十六日

  为正确审理无正本提单交付货物案件,根据《中华人民共和国海商法》、《中华人民共和国合同法》、《中华人民共和国民法通则》等法律,制定本规定。
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Provisions on Manning Foreign-flagged Ships by Chinese Seafarers of the People

Provisions on Manning Foreign-flagged Ships by Chinese Seafarers of the People
Chapter I General Provisions

Article 1 In accordance with Regulation of the People’s Republic of China on Seafarers as well as laws and regulations related to overseas labor service, the Provisions are formulated to regulate the recruitment and placement service to Chinese seafarers serving onboard non-Chinese flagged ships, protect the lawful rights and interests of seafarers, and promote the sound development of the shipping industry. Continue reading

SPC published eight typical cases concerning the interests of crew members in maritime disputes

BEIJING — China’s Supreme People’s Court (SPC) has published eight typical cases concerning the interests of crew members in maritime disputes to encourage consistency in court rulings on such issues.

The cases published by the SPC cover various issues, including disputes over the employment contracts of crew members, maritime liens and personal injuries caused by ship collisions.

The SPC said that given the large proportion of crew member-related disputes in overall maritime cases, it is important to offer guidance to courts to ensure that similar cases get similar rulings.

如何调取微信转账证据

在司法实践中,但凡涉及双方微信钱款往来的纠纷,都需提供具体的微信转账记录明细作为证据,以往许多人通过对微信转账页面截图的方式保存证据,然而在双方存在多笔钱款往来的情况下,该种方式费时费力,且证据效力有可能无法得到法院认可。
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How to appoint a lawyer to file or participate a lawsuit in China

With the economic development of Chna, many foreign companies or individuals are doing business with China. Someties, it’s unavoidable to have some disputes, and may file or participate a lawsuit in China. To have a correct way to appoint a lawyer to protect your rights in China is important for you to win a case.
Firstly, according to China laws, when you appoint a lawyer to participate the lawsuit, you should trust a China lawyer to participate the legal proceedings. Foreign lawyers,attorneys, advocate, or barrister and etc. is not allowed to file or participate a lawsuit in the name of a lawyer.
Secondly, you should choose the right lawyer. Even though all the licensed lawyers are allowed to represent you in the lawsuit from legal point, it’s better for you to choose a proper lawyer that specialize in the areas of your case.When you find the right one, don’t forget to sign a formal Agreement with the law firm, which set out your rights and obligations
Thirdly, when you appointed a China lawyer from overseas, you should get the POA (power of attorney) nortarized by the Nortary Public and then have it authenticated by the China Embassy loactated in your Country.

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

《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》已于2019年12月16日由最高人民法院审判委员会第1787次会议通过,自2020年1月1日起施行。 Continue reading

中华人民共和国民法典-Civil Code of People’s Republic of China

中华人民共和国民法典

(2020年5月28日第十三届全国人民代表大会第三次会议通过)

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