Are you curious about the China legal system? If you need to hire a lawyer in China, contact us. We have lawyers in the major cities of China.
With the courts, there are always deadlines. You will have a certain period of time to respond. If you miss deadlines, the other side will likely win automatically. Do not approach a law firm a few days before a deadline. Lawyers have other clients, and cannot drop everything they are working on for you. Also, it will take you some time to get all the information to your law firm. Once your law firm has all the information, it will take them some time to prepare it, check it, and then send it to the courts in China.
Laws are not often made on the municipal, district, or provincial level in China. Most rules come down from the central government in Beijing. China’s legal system is a civil law system, not a common law system. Therefore, China has based on French-based law. China’s congress is the lawmaker. The main purpose of the Chinese courts is to deal with all different types of disputes. There are a few different court levels in China.
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Beijing Yintai Centre, No.2 Jianguomenwai Avenue, Chaoyang District, Beijing, China
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One is the Supreme Court, which is the highest court in China. It only deals with the most important legal cases. The next one is the local courts. The high court is the most important court in a province. There is also a special court. These deal with disputes with the military or government. It can deal with tax disputes between companies and the government. The special courts can also deal with maritime law. This could be a dispute between ships. In conclusion, since China’s not a common law system, you don’t use past cases to argue your case. Every case is based on the rules that come down from congress.
Author: Alistair Vigier is the CEO of ClearWay Law