Legal Environment for Doing

Business in China
Dr. Lu Zhian
Associate Prof. Of Law, Fudan University
Law School
Lawyer, Pudong Law Office, Shanghai
Part I
Business and Regulatory
Environment
1.1 The State Organization
Unitary System: Unitary Constitution;
Central Governments leadership
Structure:
Vertical: the Central Level; Provincial Level;
Profectural Level; County Level; Township Level
Horizontal: Peoples Congress and its Standing
Committee; State Council; Peoples Court; Peoples
Procuratorate
1.2 Hierarchy of Chinese Legal
System
Constitution
Basic Laws
Laws
Administrative Regulations
Local Legislation
1.3 Legal Institution
Peoples Court: adjudication
Peoples Procuratorate: supervision
1.4 The Judicial System of China
Court System of China
the Supreme Peoples Court
the High Peoples Courts
the Intermediate Peoples Courts
the Basic Peoples 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 Investment 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