China’s Legal Environment For Foreign-owned Enterprises– On The Perspective Of Foreign-owned Enterp

As we know, legal environment plays an important role for investment environment, and is also a necessary factor of attracting potential foreign investors. In this case, it has become an essential indicator for improving investment environment in China. Since reform and opening up of China, a series of foreign investment law was published during 1980s to build a legal system of foreign investments. “Law of the people’s republic of China on foreign-owned enterprise”1 and “the law of foreign-owned enterprise implementation regulations”2are parts of them. As a mount of foreign-owned company established in China in last century and China joined in WTO in 2001,”Law of the people’s republic of China on foreign-owned enterprise”and its implementation regulations have been amended in 2000 and 2001 respectively to adapt to the new changes in economic circumstances. Thus a free and open legal environment for foreign enterprises has been improved initially. For example: the enterprise’s obligations of exporting3 and reporting the production plan4 were canceled, which was stipulated in the old foreign-owned enterprise law. Moreover article of “the priority to buying Chinese raw materials and fuel under the same conditions5” was removed either, in order to esteem business autonomy; articles contrary to the provisions of the stipulation of WTO were deleted as well, including “balancing own foreign exchange”6, “requirement for local materials” , “requirements for exporting implementation” etc.

Though the new foreign-owned enterprises law considered more about the new economic situation, there are still some incomplete aspects which restrict the foreign-owned enterprises to go further in China market. Meanwhile, several conflicts are arising between new “company law”, which was published in 2006, and foreign-owned enterprise law. Those problems all affect the development of foreign-owned enterprises in China. From this point of view, this article will analyze the drawbacks of foreign-owned enterprise law and the effect of them on China’s legal environment:

1) Implementing issues of foreign-owned enterprise law.
Firstly, the amendments for “foreign- owned enterprise law” and their implementing regulations in respect of procedure matters were not enough; therefore, the fact that to set up a foreign-owned company would experience eventually a very complex, long and inefficient process, has not been changed fundamentally. Under the current regulations, the basic formation process includes the following steps: (1) Submit the application to the government of county level or above the county level where the foreign-owned enterprise will be established, and deliver relevant documents. (2) Submit the application through the above government to the approval authority for approving the establishment. (3) Registration in the industrial and commercial bureau. (4) And other related registrations. The completed process not only links many departments, but also requests for submitting a variety of written materials. The whole process usually makes potential foreign investors too confused to continue the investment. Finally, the enthusiasm of foreign investors is weakened badly. Fortunately, all levels of government have stood on the front line of attracting investment, and taken various measures to improve the investment environment to promote investment practically. At the same time county, district, development areas have been authorized to approve the project directly through various forms. Above all, it is absolutely significant and possible to simplify the procedures of foreign-owned enterprise establishment.

Secondly, the problem of long establishing period is also worth consideration. Foreign-funded enterprises will spend about six months on registration and approval procedures under current regulations. But in practice, a number of areas’ governments have reduced processing time to provide conveniences for foreign investors. For instance: Henan province commits that approval of foreign investment will be finished in five working days. In addition, the government of Shenzhen province also commits that the application, approval and registration in the industrial and commercial bureau of encouraged project7 will be finished within 12 working days. Therefore, from my point of view, establishing period should be shorted in order to enhance the enthusiasm of foreign investment.

2) Conflicts between foreign-owned enterprise law and new company Law Foreign-owned enterprise law, which is an important part of “Foreign Investment Law8” , has been outside the company law system alone for several decades, and formed a set of enterprise system and legal rules different from company law. One part of those rules is about the unique system and stipulations, which are related to the foreign economic relationship; the other part is about the general rules and system of corporation limited. In response to this conflict, company law provides that the limited corporation which is funded by foreign investor adapts company law; but also provides, at the same time, that if there are “other regulations” in the foreign-owned enterprise law, adapt its regulations. The problem is what the “other regulations” point. It is reasonable, if they refer to the unique system and rules of foreign-owned enterprise law; if, however, they include every aspect of present foreign-owned enterprise law, the situation of undermining the legal unification will emerge. Therefore how to deal with the situation? A legal pattern of the foreign-owned enterprise law ruling its unique system and the regular rules of a corporation adapting company law should be established. By doing so, these two laws would coordinate with each other smoothly. The confusions of foreign investors can be reduced to a great extent during the daily business contacts.

The authority has paid attention to above problems and recognized the negative effect of these drawbacks. Some officials of Commerce Ministry said that amendments of foreign-owned enterprise law are in the pipeline. I do hope these problems will be resolved in the amendments. A better and healthier legal environment for foreign-funded enterprises will be provided as a result.

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1It will be simplified as foreign-owned enterprise law in the following text.
2It will be simplified as the implementation regulations in the following text.
3Refer to Article 3 of the old implementation regulations: “the annual output value of export products accounts for more than 50% of the annual output value of all products”.
4The foreign-owned enterprise should submit its product plan to relevant authority and enforce the product plan as an economic administrative contract.
5Refer to Article 15 of the old foreign-owned enterprise law: “within the scope of the operations approved, enterprises with foreign capital may purchase, either in China or from the world market, raw and
semi – produced materials, fuels and other materials they need. When these materials are available from both sources on similar terms, first priority should be given to purchases in China”.
6Refer to Article 3 of the old implementation regulations: “the annual output value of exported products accounts for more than 50% of the annual output value of all products, thereby realizing the balance between revenues and expenditures in foreign exchange or with a surplus”.
7Refer to the implementation regulations Article 3: A foreign-funded enterprise to be established must benefit the development of China’s national economy and be capable of gaining remarkable economic results. The state encourages foreign-funded enterprises to use advanced technology and equipment, engage in the development of new products, realize the upgrading of products and the replacement of old products with new ones, economize energy and raw materials, and it is also encouraged to establish foreign-funded enterprises which are export oriented.
8Chinese Foreign Investment Law concludes “Law of the peoples republic of China on Chinese-foreign equity joint ventures”,”Law of the peoples republic of China on Chinese-foreign contractual joint ventures”,”Law of the peoples republic of China on foreign-owned enterprises”, and their implementation regulations.

A Step-by-step Process In Searching For The Best Employment Attorney

Litigations and disputes related to employment are very complicated that’s the reason why looking for the best employment attorney is of paramount importance. As such, there are only some lawyers that are experts in this kind of situation. For beginners, you can rely on the services of a employment lawyer NYC with a great reputation.

The first thing that a plaintiff should consider when looking for employment lawyers is the experience and knowledge. Moreover, it is very crucial to determine if they already handled similar cases in the past. The more the lawyer is experienced, the better since they can formulate methods to give you the upper hand.

It’s just normal that state and federal laws will face alterations. Because of this, folks must choose New York employment lawyers who kept themselves updated with the most recent amendments in employment laws. If your lawyer is giving methods based on outdated laws, then there is a possibility that you will lose in your employment-related proceedings.

Attitude is another factor that a complainant should think about in opting for an employment lawyer. Most of the time, lawyers are offering free consultations on their first meeting. This is the best time for you to evaluate if the lawyer you are about to hire really cares about your case. In situations when the NYC employment lawyer is showing low interests to their client’s case, there is a great possibility that the trial proceedings will be uninteresting. A passionless and unimaginative lawyer, regardless of how competent, is unlikely to do well in handling their client’s case.

Go ahead and ask questions about your case whenever you meet up with the employment attorneys. The attorney that you’re opting must have the cabability to give answers to your questions in a way that is clear and easy to understand. In addition, they must provide you details regarding your responsibilities, legal option and rights. Additionally, most employment lawyers NYC will give you a written legal advice. The written legal advice must outline the strengths and weaknesses of the case. As a result, the employee will be able to prepare in advance in case they are going to be summoned.

Complex cases often require a considerable amount of time and resources especially if disputes have resulted to litigations. That’s why you should clear things about with your employment attorney regarding their payment. You can choose an hourly payment or through a contingency arrangement. In the event that your case can take time to be fixed, it’s highly recommended that you combine a contingency and hourly payment. This way, it is feasible for a clientele to pay the fees of their employment attorney NYC without depleting your financial resources.

When looking for employment attorneys firms, see to it that they have a Lexcel or ISO 9001 accreditation. The accreditation is merely given to firms that have met the highest standards in giving the very best legal services.

A Criminal Defence Lawyer Explains How To Get Your Charges Withdrawn Or Stayed

If you have been charged with a criminal offence in Canada, you may be wondering what the options are for getting rid of your charges. Obviously, you can make a plea or have a trial. However, in some cases, there are other options such as having your charges withdrawn by the crown attorney or stayed. This article explains what those two terms mean.

When can the crown withdraw a charge?

The crown attorney has the right to withdraw any criminal charge before an accused person enters a plea in open court.

If you have already entered a plea, the crown attorney can still withdraw a charge, but the court must also agree that withdrawing the charge is appropriate.

If the crown tries to relay the charge after the charge has been withdrawn, the court may intervene to ensure there is no abuse of process.

Any attempt to relay a criminal charge after a withdrawal by the crown attorney should be discussed with your defence lawyer because any decision by the crown to prosecute after a charge was withdrawn may require a legal application to be brought before the court.

What about a stay of the charges? The crown attorney may also stay the proceedings as of right at any time before a final judgment is rendered. A stay of proceedings stops the prosecution proceedings immediately. The court has no power to intervene to require the continuation of the prosecution. Once a stay of proceedings is entered, the accused can also automatically be released from detention.

A stay of proceedings is an excellent outcome for the accused person. However the crown does have the power to recommence the prosecution after a stay of proceedings has been entered. This is why you should discuss with your criminal defence lawyer whether or not it is possible to obtain a withdrawal of charges rather than a stay of proceedings.

Sometimes, an experienced defence lawyer can persuade the crown to agree to withdraw the charges rather than entering a stay of proceedings.

How is either a stay or a withdrawal achieved? In many cases, these excellent outomes ocur because your criminal defence lawyer has negotiated with the crown attorney. Under Canadian law, the Crown must not proceed with the case if there is “no reasonable prosect” succeeding at trial. In the right case, an experienced criminal defence lawyer can demonstrate to the crown attorney that the crown’s case is doomed and should not continue.

Seek Appropriate Legal Help for Dealing with Accident Trauma!

Life is too uncertain for you to predict what can happen the next moment. You could win a fortune, become bankrupt, get divorced or suffer from an accident. Injuries resulting from accidents are difficult to deal with and could be debilitating. Suffering due to someone else’s mistakes and paying for it takes a lot of patience and acceptance. If the injuries are in critical organs like the brain or spinal cord, then life takes a serious turn for the victim and his family. Moreover, there are a lot of emotional and financial repercussions. A heavy injury needs surgical operation and could make you spend millions at times. It may not always be possible for you to divulge that amount from your pocket. And why should you? You got wounded for no fault of yours. It is not easy to hire a lawyer who could get you justice in claiming your personal injury compensation. There are a number of insurance and legal complications which are not always easy to comprehend and implement. Many a time, it takes years to settle the claim, and this serves no purpose to the injured victim who requires immediate help. If you reside in the US, the accident laws are different for each state. Alaska is an island of US and the state follows different rules than other American states. If you have got injured in an accident in Alaska, then the Alaska law firm Anchorage Accident Law Group is the firm you can contact for legal assistance. They help you get full settlement as per what you deserve. Their staff is efficient and expert in the insurance law complexities. They also offer free consultation over phone before the client is convinced of their services and wishes to arrange for a physical meeting. They have a specialized team of Anchorage Accident Attorneys who help you with the right counsel regarding accident matters. Whether you have been injured in a car accident, air plane crash, drunken driving accident, firearm accidents and industrial accidents, or you have suffered from brain/spinal cord injuries, wrongful death or investment and financial misconduct, they help you deal with the insurance agencies with knowledge and tact. It is a popular firm in the industry and they strive to provide you with full and fair compensation in the best way they can. You will also get you adequate property damage compensation if you follow certain rules that are laid down by the insurance industry.

Landlord and Tenant Law – Procedure For Ending A Tenancy

There are a variety of situations in which a tenancy can be ended early by either the tenant or the landlord usually where there has been a breakdown in the relationship, although these situations are not covered by this article. This article explores the situations where a tenancy is terminated by mutual consent or when a fixed term has expired.

Ending a Tenancy In Accordance With A Written Tenancy Agreement
A tenancy can be ended at any time if the landlord and tenant both agree on this. A mutual ending of a tenancy agreement is referred to as a “surrender” of the tenancy by the tenant. There are two ways that effect a surrender of tenancy:

1) Surrender by Operation of Law
This is when a tenant gives up the occupation of a property to the landlord, in which the landlord accepts this as the tenant would have surrendered their tenancy. This can be evidenced by actions that demonstrate a clear intent to surrender, such as removing all their possession from the property or the handing over of keys over to the landlord.

2) Surrender by Declaration
This is when a tenant signs a written document stating that he has surrendered his tenancy to the landlord.

Under section 5 of the Housing Act 1988, where a tenant surrenders the property, the landlord has the right to retake possession. But, the landlord must ensure that the tenancy has been properly terminated before he re-lets the property to another tenant, otherwise he may be guilty of an unlawful eviction.

Ending a Tenancy In Accordance With A Written Tenancy Agreement
This is where a written tenancy agreement exists and it will often contain provisions about ending a tenancy early. Either the landlord or the tenant may have a right to terminate tenancy by following the procedure set out in the written agreement.

Certain types of tenancy, such as Assured and Assured Shorthold tenancies provide the tenant with security of tenure for an initial period, in which the tenancy cannot end without the tenants agreement. This would be the case regardless of what rights to end the tenancy the landlord is granted by the written tenancy agreement.

Ending a Tenancy at the End of a Fixed Period
A tenant has the right to end a tenancy at the end of the fixed period by vacating the property on the last day of the fixed period and it is not necessary to give a notice. This would include when the tenant has an Assured Shorthold Tenancy and the initial fixed period ended. However, if the tenant stays in the property beyond the end of the fixed term, then a periodic rolling tenancy will be created and he will need to give appropriate notice in order to terminate this.

Under section 21 of the Housing Act 1988 a landlord who wishes to end a fixed tenancy at the end of the fixed period must serve a section 21 notice to the tenant. This must be done at least two months before the end of the tenancy. If the landlord fails to give the appropriate notice, when the fixed period ends a periodic rolling tenancy will be created and it will be necessary to give the tenant appropriate notice in order to terminate this as well.

Ending a Periodic Tenancy
When a fixed term tenancy ends and the landlord has not given a notice to quit to the tenant or if the tenant remains in the property, a periodic tenancy will be created. This will roll on from month to month until it is terminated by either party. If the fixed term tenancy was governed by a written tenancy agreement, it may state the length of the period, although in the absence of this it will usually be a periodic monthly tenancy.

A periodic tenancy can be terminated by giving written notice equal to the length of the rental period, although this notice must never be less than 4 weeks. So in the case of a bi-monthly tenancy, two months notice must be given and in the cases of a monthly, fortnightly and weekly periodic tenancy, 4 weeks notice is necessary.

An Immigration Law firm in New York talks about deportation without hearing -Part I

Millions of people around the globe apply for an American visa, every year, in order to gain entry to this land of coveted opportunities. However, only a few and deserving out of them gain entry to this land. Ask any immigrant what is his biggest fear? The answer would be, -Deportation to their home countries.- The illegal immigration reform added the removal proceedings in an amendment process to Immigration and Nationality Act (INA) to expel aliens and bar them from entering the United States. .

It is a routine procedure for all those being served a deportation to have a hearing in fort of the immigration judge to explain his/her side of the story. However, a foreign national can be deported without any hearing in many cases. An Immigration law firm in New York talks about these types of deportation procedure in the section below.

Generally, two types of deportation procedures do not involve a hearing i.e. the expedited removal process and the administrative removal process. In both the processes, the individual requires help from an experienced immigration attorney to take a person out of the immigration entangles. Expedited removal process –

In this process, foreign nationals who have misrepresented their eligibility to enter the United States are generally targeted. This also includes immigrants who have furnished false information at the port or border in order to gain entry. Aliens who have gained entry by providing false and forged documents are also removed by this process. In most cases, aliens are deported without hearing. However, in some cases, it involves those seeking asylum, the alien is interviewed by an asylum officer. An individual is barred from entering the United States for a period of 5 to 20 years if removed by the expedited removal process. This process also applies in cases in which an alien has been convicted of a crime such as those related to drug, rape, murder, sexual abuse of minors and possession of fire arms. However, these aliens are deported only on the completion of their prison term

In the part-II of the article, we will look at the various aspects of removal due to an administrative process.

Truck Car Accident-What Now Orlando Truck Wreck Attorney

A truck car accident in most cases has far more devastating results than a motor vehicle accident that involves two cars. Typically a commercial truck, otherwise known as an 18-wheeler or semi-truck, loaded to legal capacity can weigh around eighty thousand pounds or more, in comparison to the three thousand pounds an average car weighs. A collision between the two at low or high speeds can result in very serious or fatal injuries to the driver and passengers in the car. Statistics do point to the fact that a truck driver is more careful in general on the road, and is not the negligent party in the majority of accidents involving a truck, but there are still far too many incidences of negligence in truck car accidents on the part of the truck driver or trucking company. If you are reading this article because you or a loved one are a victim of a truck wreck involving a car, call an truck wreck attorney immediately after seeking medical care for your injuries. They need to take immediate action to protect your rights.

The consequences of a large truck wreck can vary due to the type of freight a truck has on board when the accident occurs. If the load contains flammable or hazardous materials for example, the incidence of burn injury and respiratory injury are far more prevalent for obvious reasons. Many types of trucks can be involved in a truck car accident including freight liners, DHL, UPS, Fed-EX, U-Hauls and other van lines, tanker trucks such as pipe haulers, oilfield trucks, chemical trucks, shuttle busses, tour busses, garbage trucks, cement trucks, dump trucks, gravel trucks, etc.

To prove negligence in a truck car accident or any other motor vehicle accident, the negligent party, whether it be a business entity or an individual, must have failed to exercise a reasonable standard of care considering the circumstances and the plaintiff must have sustained injuries as a result. So the plaintiff in an accident involving a commercial truck must prove that the defendant owed said plaintiff the “duty to exercise a reasonable degree of care”, that the defendant failed to use said care and that this failure resulted in injury by the plaintiff.

A key to a successful truck car accident claim is to identify all parties that might have at least partial responsibility for the accident and injuries. This is where it is very important to bring on an truck wreck attorney as they have the expertise to track down possible liable parties such as the truck driver, trucking company, truck manufacturer, distributor, retailer, etc. Parts manufacturers such as tire or brake manufacturers also have contributory negligence in some cases. These types of claims are often very expensive to litigate by the time the law firm hires expert witnesses, investigators, etc. Finding the right truck wreck attorney to litigate your case on a contingency fee basis will ease the burden as you heal from your injuries and losses.

When to find a personal injury attorney in Mass

Why work with a personal injury attorney in Mass

There are several great reasons to work with a personal injury attorney in Boston. In cases where you’ve suffered personal injuries from an auto accident, area attorneys can fight for fair settlements from your insurance carrier. They also help victims effectively traverse the murky waters of pending lawsuits, while protecting your legal rights at each and every turn. With regards to personal injury, state laws and individual situations tend to vary. To stop insurance companies from taking advantage of your misfortune, you’ll need timely and affordable legal representation. By using years of substantial industry experience, local lawyers can help you secure proper restitution for your claim. Furthermore, they work with you every last step of the way, while helping you understand laws that relate to your own personal claim.

With the help of a personal injury lawyer in Boston, you are guaranteed fair representation in court. Legal professionals are also able to obtain fair compensation from your insurance carrier. Although insurance agencies usually tend to offer lower pay outs for victims, your attorney will fight for the highest amount of money possible. He or she can also make sure your claim is handled in a timely and professional fashion. Although car accidents are a leading cause of personal injury cases, there are other instances when injuries take place. This can include freak accidents at the office, in addition to mishaps at local eateries or retail stores. Irrespective of how or where you were injured, a licensed and certified attorney can help you obtain timely and favorable settlements. A good number of attorneys only assess costs if you win your case in a court of law.

For more information on employing an injury attorney in Boston, simply access the Internet. There are numerous law offices and agencies found in the Greater Boston Area. It’s also possible to compare areas of specialty, while making a worthwhile and informed hiring decision. With a Boston personal injury lawyer, your rights as a victim are truly safeguarded across the board. Whether it is workmans compensation or automobile related injuries, you can rely on industry leading lawyers to shield and protect your legal rights in court.

Thanks for looking at our blog if you want to know more about personal injury law please check out our website at Personal injury attorney MA Also check out our other info at Personal Injury Lawyer Boston

Chicago workers compensation attorney provides legal help

Workers want to get the compensation for their injury cases in the plants. They need legal help to get the compensation from the workers. There is Chicago workers compensation attorney to provide help for them. They have a lot of knowledge regarding the injury at the plants. They are efficient and they have experience of the many years. They want to get the compensation at the right rime from the guilty party. They build an injury case against the guilty party.

Sometimes there are old machines in the plants so accidents occur during the working time of the plant workers. They have different type of the injury such as knee and hip replacement, shoulder injury, head injury, eye injury, finger amputation, waist injury etc. They incur a lot of money due to medical treatment of their injury. They have a lot of expenses due to the treatment and they loss their wages due to absence from their duty. They have a huge monetary loss because of their wages loss and the absence from their duty.

They need to get a fair amount of the compensation to recoup their loss and want to make their finance position strong for their family. People want to take the help from the Chicago workers compensation attorney as they are expert in the injury cases in the plant. Workers get injured in the plants as some plants have old machines and they cause a lot of injury for the workers. There is negligence in the plants to change the old machines and get the new models so accidents occur in the plants. Workers are capable to get the compensation for the accidents.

Workers seek legal help for the accidents in the plant and they want to get the compensation from the guilty party. Chicago workers compensation attorney helps them to get the compensation in a fair amount. They want to provide legal help to their clients. Sometimes they do not charge any fee from their clients. Only after getting a handsome amount as the compensation they charge a small percentage from their clients as their fee. They prefer this system because the victims and their family suffer a lot of monetary loss due to the medical treatment and wages loss.

About Author

Shannon Gerrety is primarily dedicated to providing the information on experienced lawyers who handle different cases, including workers’ compensation injuries, personal injuries, social security disability and labor and employment. For More Information Please Visit, Chicago workers compensation attorney and Illinois workmans comp lawyers.

Social News Inside Digital Age

Very best Tips About Social Media For Success

Every thing has changed during the years. Individuals, technologies, eras.. Contrary to hundreds yrs ago, we are in the middle of a digital period. Social networks, internet usage and digital media have been spread all over the world. The whole planet has been turned into a global but small village. The quantity of the data that flows throughout the web is raising rapidly day-to-day. People can stay attached to net and social media 7 days twenty four hrs. Social media has enhanced extremely and a couple of era had seen that progress step by step. This decade is the golden age of the socialmedia.

Both individuals and commercial organizations take the advantages of social media platforms. We can give 2 main samples from here. Twitter and facebook are the significant social platforms for both people and organizations. For example the firms had started to market their significant merchandise online through social media marketing. If we need to buy a completely new item we read the feedbacks and consumer reviews about the item. Social media is our first aid at this point. By making use of social media merchandising we can evaluate the products before we purchase them.

Also there are a few other affects of the social media on our individual lives and behaviors. You can improve your relationships with your old buddies via Facebook for example. Or you may be more social. You can find a brand-new friend that enjoys the same activities or has same interests with you. You can talk with the other participants of a social platform and share your ideas about a subject.

Today social media is everywhere. We look every little thing we need from internet. These days huge amounts of corporations have web sites and they even hire their staff by way of web. The most efficient side of social media is you know it’s completely free. So this an awesome chance for social marketing for the companies. If you wish to promote your goods you do not have to have big amounts of cash so as to social marketing.

Social media for marketing is the bets option and social meia marketing is very easy top achieve. First of all you must have an attractive profile. It must be effortless to understand, basic yet quality. The readers should notice who you are quickly. Then you need to enter the groups which are among to your target. There are numerous groups in Facebook or Linkediln for instance. Try a few of them. Invite your group to your profile. They’ll accept your invitation when they understand that you are in the same group. They will gradually go to your weblog or web-site routinely. Every thing is possible in social marketing. You can achieve great successes in a short time.