Features & Analyses

China's new Law on Lawyers addresses fundamental rights for lawyers. This month, Joanna Law spoke with some of China's top lawyers who shared their views on the amendments and discussed what further changes would be beneficial to the profession.

New rules issued by the NDRC represent the Chinese government's most recent effort to centrally manage the development of the domestic Chinese auto industry, while still promoting the innovation required for its success. The modern auto industry presents the nation with what is arguably one of the most technology-intensive and innovation-laden challenges yet. Whether such government-led innovation can be successful will certainly be interesting to watch as the rules are played out.

China's new Law on Lawyers addresses fundamental rights for lawyers. This month, Joanna Law spoke with some of China's top lawyers who shared their views on the amendments and discussed what further changes would be beneficial to the profession.

In the past 16 years, the PRC Civil Procedure Law has played an important role in safeguarding the civil rights and interests of the parties and regulating the conduct of the other relevant participants in litigation. However, with the rapid development of China's economy and the increasingly complex and elaborate Chinese legal system, more and more civil and commercial disputes have arisen in recent years and aggrieved parties are more willing than ever to resort to court to resolve their disputes. This has created the need for a revised version of the legislation with more specific guidance and rules, especially regarding retrial and enforcement procedures.

Investigative Due Diligence and M&A in ChinaDue diligence is a major component of any M&A transaction anywhere in the world. In China, due diligence takes…

New rules issued by the NDRC represent the Chinese government's most recent effort to centrally manage the development of the domestic Chinese auto industry, while still promoting the innovation required for its success. The modern auto industry presents the nation with what is arguably one of the most technology-intensive and innovation-laden challenges yet. Whether such government-led innovation can be successful will certainly be interesting to watch as the rules are played out.

With reports emerging of mass layoffs preceding its implementation, and factory closures or relocations to cheaper jurisdictions afterwards, the newly-effective Labour Contract Law has drawn much criticism. Large employers complain that it adds unreasonable costs, while employees are disappointed that the Law does not offer as many benefits for them as compared to the original draft. But is the Law as it stands a workable compromise, and can it be enforced in its current form prior to the release of implementing regulations?

With reports emerging of mass layoffs preceding its implementation, and factory closures or relocations to cheaper jurisdictions afterwards, the newly-effective Labour Contract Law has drawn much criticism. Large employers complain that it adds unreasonable costs, while employees are disappointed that the Law does not offer as many benefits for them as compared to the original draft. But is the Law as it stands a workable compromise, and can it be enforced in its current form prior to the release of implementing regulations?

How is it that US law can apply to certain Chinese companies and the conduct of Chinese business executives? The answer is the Foreign Corrupt Practices Act (FCPA), a broad-reaching US law enacted to prohibit bribery as a means of obtaining and retaining business. A common misperception in the business community is that the FCPA applies only to US companies and US citizens. However, under certain circumstances, the FCPA can also apply to the conduct of Chinese companies and Chinese business executives, making FCPA compliance crucial.