Author Archives: Forest

About Forest

An international Lawyer, based in China. (with phone nubmer: (+86)13920701735. Email: b.forest@163.com Providing full legal 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买卖合同纠纷案件适用法律问题的解释2020

货物买卖合同纠纷是最为常见的合同争议之一。天津博专律师事务所王景占律师为您解读有关货物买卖纠纷的司法解释。以下是2020年民法典颁布后,相应修改调整的关于买卖合同方面的专门司法解释,为日常的货物销售或者采购的法律问题提供了明确指引。

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Advice on control of legal risks for doing business internationally

As more and more companies going abroad to do business or make a cross-border deal, control of international legal risks are becoming increasingly important. As a lawyer, I have to say that indeed there are a few international dealers cheated or scammed due to lack of risk awareness, even though most of international businesses would be a good experience. Continue reading

The Latest Changes on Civil Procedure Law of China

The Latest Changes on Civil Procedure Law of China
On Dec.24,2021, the Civil Procedure Law of China was revised according to the Standing Committee of the National People’s Congress. The major changes are as follows:
1. It is possible for a single judge alone to preside over the trial of an ordinary procedure, supposed that the fact is clear and right and obligation is definite. Previously, only a panel of at least three judges is allowed to try a case in an ordinary procedure.
2. All documents in a lawsuit could be delivered by an electronic way, including Judgement, mediation statement and etc., if the participants agree so.
3. The time frame of a summary procedure is extended from three months to four months. Previously, the trial in the summary procedure must be finished in three months upon filing, but with this latest revision, the time frame could be extended for an additional month if it’s approved by the president of the court.
4. For simple case of small amount, the trial may be finalized in one instance. Generally, what’s implemented in China is double trial of a case, including trial of first instance and trial of second instance, however with this revision, it is allowed to finalize a simple case of small amount in one trial.
5. The trial of second instance is allowed to try a case without formal hearing. In the past, a trial panel should have a formal hearing on an applellate case, but with the effect of the latest revision, it is allowed for the panel to decide a case without formal hearing if the panel thinks a formal hearing is not necessary.
Above is some of the big changes for the civil procedure laws applicable in China and it’s only summary comments. If you have any question on it or you face a legal issue or you have a case at hand, you’d better to consult a lawyer for details or look it up in the whole text.

建设工程施工合同纠纷类诉讼案件中的若干常见法律问题

建设工程施工合同纠纷中,在招标、履约、合同变更、工程价款、质量等方面常常发生争议:合同因违反招投标法而无效时工程结算价款的效力如何认定,工程价款的计价方式,发票的开具,工程质量的确定,工程量的认定等,天津博专律师事务所王景占律师为您分享建设工程类案件诉讼中常见的若干实务问题分析:


【实务问题 1】

问:承发包双方签订的”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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To review a contract: mind the contractual 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, Civil Code of PRC

Sales contract is one of the most important legal documents we use in daily business, and settlement of disputes arising from sales contract is what people frequently look for. Hereblow, I extract the laws of sales contract as written 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 on Employment of Foreigners in China

Foreigners who work in China or will work in China should learn about this rules which stipulate:

  • work permit is a must for a foreigner legally working in China
  • foreigners have the similiar right and obligations with Chinese
  • disputes shall be handled according to the labor laws of China.

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