Category Archives: Legal Advice

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.

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

To hire a lawyer to participate a lawsuit in China

With the fast economic development of Chna, many foreign companies or individuals are doing business with China. Sometimes, it’s unavoidable to have some disputes, and may file or participate a lawsuit in China. To engage a trustful, knowledgable and experienced lawyer is important to increase your chance to prevail in a legal proceeding.

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Deportation from China

Recently, I, being a lawyer, defended for a client who is from a foreign country. The person is accused of crime of theft. Fortunately, at last, we successfully got a non-prosecution decision from the Procuratorate. But still she is facing the administrative penalty and whether she is allowed to stay in China or not, which means she may be deported. That’s why I’m writing to remind the expat in China of the deportation.
According to the Law, in any of the following situations, one may be deported:
1. When he commits a crime and convicted, the law court could make a deportation decision, applied independently or in addition to the primary punishment.
2. In the circumstance of violation of laws seriously but where the act hasn’t constitute a crime, the Public Security Bureau may make an administrative penalty on him, including the deportation.

lawyer;attorney-at-law;advocate;legal-counsel;solicitor and etc.

 

Lawyer refers to the professional who studies and/or practises laws, usually provides legal service and acts as an attorney in the legal proceedings such as lawsuit, litigation and etc. The word of lawyer is popularly used all the world. China lawyer refers to the legal professional who is qualified to practise laws as an attorney-at-law in the territory of China. Tianjin Lawyer means the lawyers who is registered his lawyer license in the bureau of Justice of Tianjin municipality and pratise laws based on Tianjin, China.
Attorney refers to a person who have the legal right to act for someone else.Attorney-at-law refers to a lawyer who is qualified to represent his client in a court of law. Attorney-at-law usually is usually written or spoken as attorney in short. Attorney or attorney-at-law often is used as an exchangable word of lawyer, especially in US.

Advocate: refers to a person who publicly support or recommend a particular cause or policy. In the context of lawsuit or litigation, an advocate refers to a pleader at a court of law or a lawyer.

solicitor: In the field of legal service, a solicitor usually refers to a legal profession who is qualified to deal with conveyancing, the drawing up wills and other legal matters.
Of counsel: adj. reference to an attorney who is not actively involved in the day-to-day work of a law firm, but may be available in particular matters or for consultation. This designation often identifies a semi-retired partner, an attorney who occasionally uses the office for a few clients, or one who only consults on a particular case or on his/her specialty. Putting the name of the attorney “of counsel” on a law firm’s stationery gives the office the prestige of the lawyer’s name and reputation, without requiring his/her full-time presence.
Counselor-at-law refers to A person admitted to practice law in at least one jurisdiction and authorized to perform criminal and civil legal functions on behalf of clients. These functions include providing legal counsel, drafting legal documents, and representing clients before courts, administrative agencies, and other tribunals.

How to leave a will as per China Law

Jingzhan-Wang, a famous China lawyer

Tianjin Lawyer

As per the Succesion Law of People’s republic of China,there is several ways to leave a will before someone is deceased.

  • Leave a will that is notarized. A testator could leave a will and get it notarized before passing away. People usually think that a notarized will must be the most secure way to dispose of his property, but you should know that a notary public in China usually only certifies that the testator have the legal capablity to make a will and the signature on the letter of will is true, but the notary public wouldn’t declare that the content of a will is legal or not. If you don’t a legal expert, you’d better to consult a lawyer before making a will as per China laws.In addition, if a testator made two or above notarized wills at different time, the latter will could overwrite the former one.
  • Leave a will by handwritting. A will that is made by handwritting of the testator and specify the date of formulation.
  • Leave a will by in the form of sound-recording, this form of will only applies to in the situation when the testator couldn’t make a handwriting will. such a sound-recording will shall be witnessed at, least, two witnesses.
  • Leave a will that’s written by somebody else on behalf of the testator. In this situation, two or more witnesses is needed.

In addition, when in emergency make a nuncupative will, which shall be witnessed by two or more witnesses. When the emergency situation is finished or disappear, and if the testator is able to make a will in writing or in the form of a sound-recording, the nuncupative will he has made shall be invalidated.