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Apr03

China Criminal Procedure Law

As a China criminal defense lawyer, I would say that China Criminal Procedure Law is the most important and principle criminal law in this country. Although there are many clauses that seem unreasonable, unpractical, yet it greatly enlarge lawyer's capacity in defending for suspects and the defendant. The following is a very good translation of the law and the English is quite accurate.

Criminal Procedure Law of the People's Republic of China

(Adopted at the Second Session of the Fifth National People's Congress on July 1, 1979, promulgated by Order No.6 of the Chairman of the Standing Committee of the National People’s Congress on July 7, 1979 and effective as of January 1, 1980; amended in according with the Decision on Revising the Criminal Procedure Law of the People's Republic of China adopted at the Forth Session of the Eighth National People's Congress on March 17, 1996)

Contents

Part One General Provisions

Chapter I Aim and Basic Principles

Chapter II Jurisdiction

Chapter III Withdrawal

Chapter IV defense and Representation

Chapter V Evidence

Chapter VI Compulsory Measures

Chapter VII Incidental Civil Actions

Chapter VIII Time Periods and Service

Chapter IX Other Provisions

Part Two Filing a Case, Investigation, and Initiation of Public Prosecution

Chapter I Filing a Case

Chapter II Investigation

Section 1 General Provisions

Section 2 Interrogation of the Criminal Suspect

Section 3 Questioning of the Witnesses

Section 4 Inquest and Examination

Section 5 Search

Section 6 Seizure of Material Evidence and Documentary Evidence

Section 7 Expert Evaluation

Section 8 Wanted Orders

Section 9 Conclusion of Investigation

Section 10 Investigation of Cases Directly Accepted by the People's Procuratorates

Chapter III Initiation of Public Prosecution

Part Three Trial

Chapter I Trial Organizations

Chapter II Procedure of First Instance

Section 1 Cases of Public Prosecution

Section 2 Cases of Private Prosecution

Section 3 Summary Procedure

Chapter III Procedure of Second Instance

Chapter IV Procedure for Review of Death Sentences

Chapter V Procedure for Trial Supervision

Part Four Execution

Supplementary Provisions

 
Apr03

China Civil Procedure Law

On October 28, 2007, the Standing Committee of the National People's Congress passed amendments to China's Law of Civil Procedure, the first revision of the law since its adoption in 1991. As a China litigation lawyer, especially China civil litigation lawyer, I would say the change of this amendment is significant. Two of the key changes are to facilitate applications for a retrial and to increase the effectiveness of execution of judgments. In regard to the former, the number of circumstances in which a retrial should be held has been nearly tripled, to include, for example, situations where the substantive evidence for determination of the facts of the original judgment or order was false or not cross-examined, where there was a mistake of competency, or where there was a failure by a judge to recuse himself when there should have been a recusal. Moreover, the retrial application is to be made to the court at the next higher level; the option of submitting it to the original court has been eliminated, thereby "removing the possibility that the court may be reluctant to order a retrial."

Regarding execution of judgments, the revised Law newly prescribes that in cases where a person subject to execution of judgment has not fulfilled the obligations specified in the relevant legal document and there is the possibility of his concealing or transferring assets, the execution officer may immediately adopt compulsory execution measures. It further provides that such a person is to report his or her asset flow, current and for the year prior to the date of reception of an execution notification. Refusal to report or false reporting may result in a court-ordered fine or detention for that individual, his agent, or the person in charge or the directly responsible personnel of the unit concerned. The court may also adopt lawfully stipulated measures such as restricting the person from leaving the country or making information about the person's non-fulfillment of obligations public.

 
Apr03

How to set up foreign owned educational institution in china

I have received my inquiries regarding how to set up a foreign educational institution representative office in China. As a China education lawyer, I would say that China education law has no specific terms over this. However, there are some government regulations governing this area. I promise I will spend more time articulating the different scope of education, procedures, capital, situs, and other requirements later. In particular, I would introduce how to set up a foreign owned kindergarten, a foreign owned primary school and foreign university representative office in China. The following text gives you a general idea how China educational agencies regulating foreign-related educational investment in china.

Regulations of the People’s Republic of China on Chinese-Foreign Cooperation in Running Schools
(Adopted at the 68th Executive Meeting of the State Council on February 19, 2003, promulgated by Decree No. 372 of the State Council of the People’s Republic of China on March 1, 2003, and effective as of September 1, 2003)

Chapter I General Provisions

Article 1 These Regulations are formulated in accordance with the Education Law of the People’s Republic of China, the Vocational Education Law of the People’s Republic of China and the Law of the People’s Republic of China on Promotion of Privately-Run Schools for the purposes of standardizing Chinese-foreign cooperation in running schools, strengthening international exchange and cooperation in the field of education and promoting the development of the educational cause.

Article 2 These Regulations apply to the activities of the cooperation between foreign educational institutions and Chinese educational institutions (hereinafter referred to as Chinese and foreign cooperators in running schools) in establishing educational institutions (hereinafter referred to as Chinese-foreign cooperatively-run schools) within the territory of China to provide education service mainly to Chinese citizens.

 
Apr02

China One-Child Policy

The one-child policy (simplified Chinese: 计划生育政策; traditional Chinese: 計劃生育政策; pinyin: jìhuà shēngyù zhèngcè; literally "policy of birth planning") is the one-child limitation in the population control policy of the People's Republic of China (PRC). The Chinese government refers to it under the official translation of family planning policy. It officially restricts married, urban couples to having only one child, while allowing exemptions for several cases, including rural couples, ethnic minorities, and parents without any siblings themselves.As a China family lawyer as well as a China divorce lawyer, I don't know whether this policy is good or bad.

A spokesperson of the Committee on the One-Child Policy has said that approximately 35.9% of China's population is currently subject to the one-child restriction. The Special Administrative Regions of Hong Kong and Macau are completely exempt from the policy. Also exempt from this law are foreigners living in China.

This policy was introduced in 1978 and initially applied to first-born children in the year of 1978. It was created by the Chinese government to alleviate social, economic, and environmental problems in China, and authorities claim that the policy has prevented between 250 and 300 million births from its implementation until 2000, and 400 million births from 1979 to 2011. The policy is controversial both within and outside China because of the manner in which the policy has been implemented, and because of concerns about negative social consequences. The policy has been implicated in an increase in forced abortions, female infanticide, and underreporting of female births, and has been suggested as a possible cause behind China's gender imbalance. Nonetheless, a 2008 survey undertaken by the Pew Research Center reported that 76% of the Chinese population supports the policy.

 
Mar31

Lawbusters key word strategy, law blog alliance, and Antitrust law

When you search a key work like "Guangzhou lawyer" in google, the first result is martindale.com. When you click martindale.com, you will find that page is almost nothing to do with "Guangzhou lawyer", except few words like "Browse for Guangzhou, China lawyers by choosing a city from the list below. Select from the resulting list of lawyers to view profile information and contact by telephone, fax or email."Actually, Martinedale.com has almost all the key words like "China lawyer", "Guangzhou lawyer", "Beijing lawyer", "Shanghai lawyer" of every China cities, while they do not do business there, nor their website content has anything to do with that city. I don't know why they still can appear on the first of the list of the search results.

This is only a typical example case where big lawbusters monopoly the search results with google and other major search engines. These lawbusters use SEO techniques that not available to individual lawyers and small law firms. Those lawbusters take the advantage of their size and resource and make individual lawyer and small law firms disadvantageous in the competition.

 
Mar30

A Single China Lawyer Represent Client in Both Trial and Apeal Court

A question that arises in appellate law practice is whether a trial lawyer should also handle the appeal of a case. This is a complicated issue that deserves more than the simplistic answer it is usually given, and really depends on both the appellate experience of the attorney as well as the specific situation involved in the case.

There are some situations where it is perfectly natural for trial counsel to press on with handling the appeal, especially if the trial lawyer is experienced in handling appellate cases. In other situations, the start of the appellate process is the time for trial counsel to step aside and let a different attorney look at the case from a new perspective. This is sometimes referred to as letting another lawyer look at the case “with a fresh set of eyes.”

 
Mar28

Evidence in China Criminal Defense Law

Preliminary Steps

Handling crime evidence should be a methodical process. An investigator first interviews the suspects, witnesses and victims as well as any law enforcement officials or first responders who arrived on the scene. Once the investigator gathers enough preliminary information, a plan is formulated to keep crime evidence safe. While collecting hazardous biological crime evidence, an investigator should always wear protective gloves, masks, eyewear or clothing. Our Wenzhou lawyer, Fuzhou lawyer, Changzhou lawyer, Hefei lawyer, Taizhou lawyer, Kunming lawyer, Kunshan lawyer are experts of criminal defense in China.

Documentation Process

The examiner will first walk along the area where the crime happened. Any points of interest with evidence will be marked. The investigator should document the entire evidence collection process. Written notes, photographs, hand-drawn sketches, videotaping and computer programs can all help illustrate a crime scene. An investigator may use two or more of these documentation methods.

Most police departments require written notes and color photographs of the crime scene. Photos show more detail of smaller evidence items. In addition, the investigator can draw a sketch to illustrate aspects of crime scene that aren’t clear from a photo. To see patterns, the examiner can also use video camera. The investigator can clearly see blood stain patterns to determine the cause of death. Alternatively, the investigator can use a specialized computer program; after entering some data, the software will create a custom sketch of the crime scene and blood splatters.

 
Mar28

China Attorney Client Relationship

The attorney client relationship is a formally recognized legal relationship that enjoys special protection under the law. An attorney, along with a doctor, spouse and priest, are one of the few people who cannot be obligated to testify or reveal information when that information would incriminate another. An attorney also has certain special obligations to a client, and an attorney's failure to fulfill those obligations can result in penalties including monetary fines, a malpractice verdict, and/or loss of the attorney's license to practice law.

When Is An Attorney/Client Relationship Formed

An attorney client relationship is formed when a client has reason to believe that the attorney is representing their legal interests. This "reason" can be express or implied. An attorney client relationship can obviously be formed when a client pays a retainer and/or signs a contract with an attorney that the attorney will represent them.

 
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I am a licensed China lawyer. Most clients are foreign nationals and companies. China Lawyer Blog have associates in Beijing, Shanghai, Tianjin, Guangzhou, Suzhou, Nanjing, Qingdao, Fuzhou, Hainan, Hefei, Wuhan, Xian, Changsha, Xiamen and Hangzhou. Learn More

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This China Lawyer Blog is aiming at providing better knowledge and understanding of Chinese law for foreigners. Should you have any legal issue in China, do not hesitate to contact China Lawyer Blog for consultation. Preliminary consultation is free. Further legal service, however, will be charged in due rate and in due course.

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China Lawyer BLog AuthorPeter Zhu, an experienced China attorney licensed to practice law for more than ten years, the author of this China Lawyer blog, welcomes any enquiry or consultation related to Chinese law.