China Business Law Blog 中國商法博客

China's Jury System

2009-04-10T08:09:00.000-07:00

"I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution."--Thomas JeffersonTwo days ago, I had the pleasure of talking to Hon. Duan, a senior justice on the Supreme People's Court of China, who is currently on administrative leave to study American administrative laws here at SMU Law School. In our two hour

Economic Crisis Tests China's Enterprise Bankruptcy Law

2009-04-06T14:08:00.000-07:00

The Economic Crisis is a Test of Character. 路遥知马力，日久见人心。(As distance tests a horse's strength, so time reveals' a person's heart.)China's Enterprise Bankruptcy Law (EBL) came out after more than one decade of debates and compromises, and it was applauded for advancing China's efforts in establishing a truly market-oriented economy. More than two years after its promulgation, it has been tested

Five Years Holding Period, Is it Fair?

2009-04-01T15:27:00.000-07:00

China Banking Regulatory Commission (CBRC)'s chairman, Liu Mingkang announced that rules will change for foreign invesors who invest in Chinese commercial banks. Remember the blockbuster IPOs of Chinese state-owned banks? Bank of China, China Construction Bank, China Industry and Commerce Bank all had their IPO a few years ago when the market was good. Many foreign investors bought shares of

Seven Steps to Protect Your Trademark in China

2009-03-20T17:52:00.000-07:00

Out-law.com ran an article written by Alison Ross, which discusses "How to Protect Your Brand in China." I thought the author did a very good and thorough job in advising mark owners on how they should go about protecting their marks in a comprehensive and proative way in China.Here are the seven steps that Alison suggests as listed below:1. Register trade marks early2. Territorial registration3

MOFCOM's Rejection of the Coke-Huiyuan Merger Disappoints Legal Experts

2009-03-20T16:45:00.000-07:00

China, by and through MOFCOM, rejected Coca-Cola's bid to acquire the Chinese juice maker Huiyuan. As soon as the news came out, it caught international attention and has been widely reported. Many views float out there about why and how come. The Caijing Magzine in China came out with its own analysis of the legal implication of this decision. Titled Legal Implications of Coke-Huiyuan, this

Extraordinary Time is No Excuse for Extra Judicial Partiality

2009-03-12T15:29:00.000-07:00

Two camps of lawmakers are debating what role Chinese courts should play in China during this extraordinarily trying time.One camp believe that the courts should remain neutral, irrespective of how the financial and economic crisis is impacting businesses, and that the courts should be the instruments of justice in China's market economy.For example, lawmaker Peng Xuefeng, director of the All

The Case for Individual Bankruptcy in China (2)

2009-03-11T16:10:00.000-07:00

Right after the earthquakes in 2008, I wrote a post advocating for China to establish a individual bankrupty system. In that post, I gave cultural, economic and legal reasons in favor of such a system, in addition to China's fairly new Enterprise Bankruptcy Law.One Chinese lawmaker, Shi Ying, who is a deputy to the Chinese National People's Congress, submitted a bill to the NPC which is in

International Trade, WTO and China Human Rights

2009-03-02T16:04:00.000-08:00

A few days after Secretary of State Hillary Clinton's hopeful and celebrated official visit to China, the U.S. State Department issued its annual report on China's human rights record. In it, the U.S. criticises China for silencing dissent and oppressing ethnic minorities. Not to be outdone by the U.S., China hit back with its own Human Rights Record of the United States in 2008, enumerating a

China Enacts Sweeping, Tough Food Safety Law

2009-02-28T05:43:00.000-08:00

The Standing Committee of China's National People's Congress passed a brand new Food Safety Law on February 28, 2009, and the law is set to become effective on June 1, 2009. Without having a chance to read it carefully, I have some preliminary comments as follows:1. It repeals its predecessor law--the PRC Food Safety Law (1995) in its entirety. With food safety disasters occurring back-to-back

Measures for the Registration and Administration of Import and Export Technology Contracts

2009-02-23T16:10:00.000-08:00

On February 1, 2009, the Minister for China's Ministry of Commerce signed into law the Measures for the Registration and Aministration of Import and Export Technology Contracts. (in Chinese) ("Technology Contract Measures") This is a ministry level administrative regulation, and it will become effective on March 2, 2009.To summarize, the Technology Contract Measures include the following

"Inside the Meltdown"

2009-02-20T19:23:00.000-08:00

Frontline (PBS) recently produced an in-depth documentary on the financial meltdown. It is an attempt at figuring out the root causes of the problems that led to the current economic crisis affecting the entire globe. It is well worth your time to watch it.

China International Law Symposium at UT (Austin)

2009-02-20T05:51:00.000-08:00

The University of Texas International Law Journal will be hosting a China law related symposium on February 26, and 27, 2009. Here is how it is described: