【实务问题 1】
问：承发包双方签订的建设工程施工合同因违反招标投标法规定而无效，合同履行过程中双方达成的结算工程价款补充协议是否必然无效?
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建设工程类案件常见11个常见实务问题
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Author Archives: Forest
Tips on filing an incorporation in China
Choose a right name
the first step to register a company is to choose a name for your company. A name is very important because it identify your company from others. To have an impressive name may be an advantage for you to do business. Continue reading
Contract review: mind the contracting party.
Contract review: mind the contracting party.
This is the second time I compose an article on such a subject, because I recognize that to check parties who are literally involved in a contract is of the most importance in reviewing a contract, whereas most contractors tend to ignore it, even for the legal occupant. Continue reading
Sales contract, China Civil Code
Sales contract is one of the most important legal documents we often make in doing business, and settlement of disputes arising from sales contract is one that people most frequently looking for. Hereblow, I introduce the laws of sales contract as in China Civil Code.:
Article 595 A sales contract is a contract under which a seller transfers his ownership over the subject matter to a buyer who pays the price in return. Continue reading
Rules for the Administration of Employment of Foreigners in China
Rules for the Administration of Employment of Foreigners in China
Order of the Ministry of Human Resources and Social Security of the PRC (No 32)
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Tianjin lawyer
Tianjin lawyer or Tianjinese Lawyer is referred to as a licensed lawyer who is registered with the Justice Bureau of Tianjin, China.
Tianjin, historically known as Tientsin, is on of the four metroplises (Beijing, Shanghai, Tianjin and Chongqing) directly controlled by the central government of China. Continue reading
从一则案例看非法集资犯罪的几个常见法律问题
案例：
被告李某某在2011年注册成立一电子科技公司，之后多次以投资该公司可获得高利息回报为由，向群众宣传并吸收公众存款。以该公司招聘的业务员通过电话、派宣传单等方式召集群众开会，声称因公司拓展需要资金，由群众自愿投资，投资回报率年息18-26%不等，向社会不特定人员进行宣传，以发送礼品、参加联谊会和免费考察旅游为诱饵，以签定借款协议的形式约定投资事项。
Continue readingExtortion crime & its punishment in China
what’s xxtortion?
When someone ilegally threat you to ask for something,usually it’s money or other property, by violence or other methods. It is deemed as extortion.
What is extortion crime?
The provision 274 of criminal law of China says: the one who extorts to obain public or priviate property,if the amount is comparatively big or mutiple times of extortion, shall be sentenced to imprisonment of less than three years, or criminal detention,or public surveillance, plus fine; in the circumstance that the amount is huge or of other severity,the sentence shall be above three and less than ten years, plus fine; in the circumstance that the amount is very huge or of other extreme severity, he shall be sentenced to imprisonment of more than ten years, plus fine.
Protected: Risk Reminder for Lawsuit in China
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How to dismiss an employee on basis of corruption according to China Law
Recently I handled a case in which a FDI company in China decided to fire several employees who are suspected of acceptance of bribe. They came to our lawyers’ office to consult about the pre-plan and possible risk therein. Continue reading
