Legal Environment for Doing Business in China Dr. Lu Zhian Associate Prof. Of Law, Fudan University Law School Lawyer, Pudong Law Office, Shanghai

Business and Regulatory Environment Part I Business and Regulatory Environment

1.1 The State Organization Unitary System: Unitary Constitution; Central Government’s leadership Structure: Vertical: the Central Level; Provincial Level; Profectural Level; County Level; Township Level Horizontal: People’s Congress and its Standing Committee; State Council; People’s Court; People’s Procuratorate

1.2 Hierarchy of Chinese Legal System Constitution Basic Laws Laws Administrative Regulations Local Legislation

1.3 Legal Institution People’s Court: adjudication People’s Procuratorate: supervision

1.4 The Judicial System of China Court System of China the Supreme People’s Court the High People’s Courts the Intermediate People’s Courts the Basic People’s Courts

1.5 Legal Profession Lawyer: Full time vs Part-time Law Firm: Partnership; Individual Foreign Law Firm

1.6 Relevant Government Authorities Ministry of Commerce Bureau of Administration on Industries and Commerce Others

1.7 Key Laws Constitution; Foreign Investment Law Civil and Commercial Law; Intellectual property Law Contract Law; Company Law; Criminal Law; Administrative Law; Consumer Protection Law; Anti-unfair Competition Law Anti-Monoply Law Environment Protection Law Foreign Trade Law Procedure Law and Arbitration Law; etc.

1.8 China and International Treaties including WTO WTO: GATTS; GATS; TRIPS Investment Agreement: MIGA; ICSID; Bilateral Agreement Taxation Treaties Other Treaties

1.9 Dispute Resolution Negotiation Mediation Arbitration Litigation