【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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Category Archives: Legal Advice
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
Extortion 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
Contract Review: Parties to a contract
Mind the signatories in reviewing a contract.
Case:
An energy company in US (Party A) entered into a sales contract with a Chinese energy company (Party B) on Nov.30th,2007, where the Party B signed the contract in the name of its subsidiary, HK limited company. Continue reading
Punishment of Marijuana Trafficking as per China laws
I, a lawyer, recently defended for a client who came from America and was accused of drug trafficking in China. I participated the Investigation Stage, Prosecution Stage and the Court Stage, Finally, the defendant was sentence to imprisonment of one year and two monthes, plus fine and confiscation of illegal income. Continue reading
Format of Representation Agreement
REPRESENTATION AGREEMENT
This document, agreement or retainer agreement (hereinafter
“Agreement”) is made between
Tianjin Bozhuan Law Firm (hereafter referred to as “Attorney”)
And
¬¬ (hereafter referred to as “Client”) Continue reading
To trust a lawyer to represent you on a legal process in China
With the fast economic development of Chna, many foreigners or foreign corporations are doing business with Chinese. Sometimes, it’s unavoidable to have some disputes, and may be compelled to file or participate a lawsuit in China, whereby to hire a lawyer in China may become necessary. To engage a trustful, knowledgable and experienced lawyer is important to increase your chances to prevail in a legal proceeding.
