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

2. Business and Regulatory Environment
Part I
Business and Regulatory Environment

3. 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

4. 1.2 Hierarchy of Chinese Legal System
Constitution
Basic Laws
Laws
Administrative Regulations
Local Legislation

5. 1.3 Legal Institution People’s Court: adjudication
People’s Procuratorate: supervision

6. 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

7. 1.5 Legal Profession Lawyer: Full time vs Part-time
Law Firm: Partnership; Individual
Foreign Law Firm

8. 1.6 Relevant Government Authorities
Ministry of Commerce
Bureau of Administration on Industries and Commerce
Others

9. 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.

10. 1.8 China and International Treaties including WTO
WTO: GATTS; GATS; TRIPS
Investment Agreement: MIGA; ICSID; Bilateral Agreement
Taxation Treaties
Other Treaties

11. 1.9 Dispute Resolution
Negotiation
Mediation
Arbitration
Litigation