Category Archives: Legal Advice

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.

synonyms for lawyers

 

Lawyer refers to a professional who studies and/or practises laws, usually provides legal service and acts as an attorney in the legal proceedings of lawsuit. The word of lawyer is popularly used all around the world. China lawyer refers to a legal professional who is qualified to practise laws as an attorney-at-law in the territory of China. A person who doesn’t get a lawyer license is not allowed to practise laws in China, even though he/her may have been studying or working in legal fields for years.Tianjin Lawyer means the lawyers who register his lawyer license with the bureau of Justice of Tianjin municipality, typically they practise laws based on Tianjin, China, and working with a law firm of Tianjin of China.
Attorney refers to a person who has authorized to act for someone else.Attorney in fact is an agent who is appointed to act for and on hehalf of somebody 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.

Tips for Expats to get employed in China

More and more foreigners are coming to China to pursue their careers. Before or during thier employment,understanding the rights and obligtation set by the employment laws of China is important. Here below, Attorney_Jingzhan_Wang provides 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 visa, work permit and residence permit are needed for foreingers for getting employed in China.

Question 2: what to do during negotiation and signing your employment contract?

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. In case any dispute occurs therein, the original contract would become critically important. Beside, the negotiation records may be helpful in explaining the agreement between you and your boss.

Question 3: Does the employer or the employed foreigner needs 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 make a registration of the social insurance for the foreigner employees. Usually, the social insurance includes: retirement insurance, work injuries insurance, medical insurance, unemployment insurance, and maternity insurance.

Question 4: How to terminate the employment contract when you want to quit?

Answer: the employee is allowed to quit the employment in the followong circumstances :

  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 would be the legal remedy in case a dispute fails to be dissolved by negotiation?

Answer: The employee has the right to apply for an employment arbitration when there is any dispute, and, furthermore, the employee may appeal to the law court if he thinks the decision of arbitration is unjustifiable. Meanwhile, the employee or employer could trust a Chinese lawyer to act for and on behalf of him in a legal process.