Category Archives: Legal Advice

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.

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.

 

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.

Reminders for Expats to get employed in China

As more and more foreigners are coming to China to pursue their careers, they should be aware of the provisions of employment laws in China. Here below, Attorney_Jingzhan will give you some legal advice about getting employed or unemployed in China:

Question 1: What does a foreigner need to apply for when being employed in China?

Answer: generally speaking, work permit and residence permit are needed for getting employed in China.

Question 2: what should be in your mind to get employed?

Answer: keep in mind that you need to negotiate with the employer in aspect of roles, salary, time, location, and so on. After reaching an agreement, you should sign a written contract with the Employer and keep it. If any disputes arise thereafter, the original contract will become critically importance

Question 3: Does the company and the employed foreigner need to pay for social insurance in China?

Answer: Yes. As per the laws and regulations, companies or other organizations that employ a foreigner need to make sure that they’ll make a registration of the insurance for the foreigner employees. The social insurance includes: retirement insurance, work injuries insurance, medical insurance, unemployment insurance, and maternity insurance.

Question 4: For the employees, how to terminate the employment contract?

Answer: The employment contract may be terminated in the cases that:

  1. mutual consent;
  2. the employee’s notification of termination 30 days ahead of time, or 3 days ahead of time during the probation.
  3. the employee’s quit due to that:
  • Absence of working conditions and violating provisions of contract,
  • No timely or sufficient payment,
  • No social insurance,
  • Employer’s regulations or disciplines to break laws and deducting employees’ benefits.
  • The contract should be invalid because of breaking mandatory rules.
  • Besides, if the employer, in the manner of violence, threatens or illegal detention, forces the employee to work, or to endanger the employee’s safety, the employee could leave without notification.

Question 5: what’s the legal process in case of any dispute that couldn’t be dissolved by negotiation?

Answer: The employee could apply for an employment arbitration when such dispute arises, and, furthermore, the employee may appeal to the law court if he doesn’t can’t accept the decision of arbitration. Meanwhile, the employee or employer could trust a lawyer to act for and on behalf of him in the legal process.