Beijing, Nov. 22, people’s Daily reported from the Ministry of justice that China’s foreign-related legal services have been developing rapidly. In 2018, China’s domestic lawyers handled nearly 127000 foreign-related legal affairs. While the number is significant, they also handled many major foreign-related cases, such as the case against the United States anti subsidy measures WTO dispute. The service fields include anti-dumping and anti subsidy investigation, foreign intellectual property dispute Overseas investment and financing and other legal affairs.
Foreign related legal service business continues to expand and set up 126 overseas branches
In recent years, lawyers in our country have actively adapted to the needs of all-round opening-up, taken the initiative and provided efficient services, and achieved remarkable results.
The degree of internationalization of some law firms’ business is constantly improving, and they have certain competitiveness in the international legal service industry, and their service scope is constantly expanding. Some law firms have taken the form of business alliance and cooperation with large international law firms to constantly improve the level of internationalization. According to statistics, China’s law firms have set up 126 branches overseas, handling more than 32000 legal affairs in 2018.
At the same time, our lawyers actively participate in a variety of legal affairs, including anti-dumping, countervailing investigations, foreign intellectual property disputes, overseas investment and financing, etc., and strive to provide legal services for the “going out”, “one belt and one way” and free trade zone construction of our enterprises, and expand their business areas. In 2018, domestic lawyers have handled nearly 127000 foreign legal affairs.
In addition to the considerable number of cases, in recent years, Chinese lawyers have handled many major foreign-related cases. For example, the case against the United States in the world trade dispute over countervailing measures, and the case against the EU in the world trade litigation over the practice of “alternative countries” for anti-dumping against China, etc., have played an important role in safeguarding the legitimate rights and interests of enterprises and citizens.
The representative offices of foreign law firms in China have developed rapidly and 306 representative offices have been set up in China
As early as 1992, China launched a pilot program for foreign and Hong Kong law firms to set up offices in China and the mainland, and gradually expanded the scope of the pilot program. In recent years, China has continued to actively promote the opening up of legal services, and the representative offices of foreign law firms in China have developed rapidly. According to statistics, 236 law firms from 22 countries and regions have set up 306 representative offices in China, which are distributed in 11 provinces (cities).
In 2014, the representative offices of foreign law firms in China were allowed to associate with domestic law firms in Shanghai free trade zone and send legal advisers to each other. At present, six representative offices of foreign law firms in China have cooperated with domestic law firms. According to Chinese law, the representative offices of law firms in these countries and regions and their representatives will provide legal services for Chinese and foreign clients, carry out various forms of business cooperation with Chinese lawyers, and make positive contributions to promoting economic and cultural exchanges and cooperation between China and foreign countries and expanding China’s opening up.
Remarkable achievements have been made in relevant opening policies. 11 Hong Kong and Macao law firms are affiliated with the mainland
Since the signing of CEPA between the mainland and the Hong Kong and Macao SAR Government in 2003, a round of negotiations has been held every year. The mainland has successively introduced 26 opening measures for the legal service industry of Hong Kong and Macao. It is reported that these opening-up measures are mainly divided into three categories: one is to set up representative offices for Hong Kong and Macao law firms to enter the mainland, and gradually relax the restrictions on foreign legal services involving Hong Kong and Macao; two is to create new channels and mechanisms for closer cooperation between the two lawyer industries; three is to allow Chinese citizens among permanent residents of Hong Kong and Macao to participate in the mainland national judicial examination (legal professional qualification examination).
At present, the law firms of Hong Kong SAR have set up 61 representative offices in the mainland, 11 Hong Kong and Macao law firms have established partnership joint ventures with the mainland law firms, 38 Hong Kong and Macao lawyers have been dispatched to the partnership joint venture law firms, and more than 40 Hong Kong and Macao lawyers are employed as legal advisers by the mainland law firms.
In recent years, the all China Bar Association and the China notarial association have signed communication and cooperation agreements with the Hong Kong Bar Association and the China Society of notaries (Hong Kong) to promote the establishment of a normalized exchange and cooperation mechanism.
985 excellent foreign lawyers are included in the growing ranks of foreign legal service talents
In recent years, the Ministry of justice attaches great importance to the training of foreign legal service personnel, takes measures to increase the training of foreign lawyer personnel, and strives to improve the international competitiveness of China’s lawyer team.
Since April 2018, the Ministry of justice has actively carried out the construction of talent pool for foreign lawyers, compiled the national talent list of thousands of foreign lawyers, including 985 excellent foreign lawyers, covering international economic cooperation, international trade, maritime, financial and capital markets, cross-border crime recovery, cross-border investment, civil and commercial litigation and arbitration, energy and infrastructure, knowledge Nine foreign-related legal service fields, including intellectual property and information security, are provided for the reference of relevant departments, enterprises and institutions in selecting and employing foreign lawyers.
In addition, at present, 633 excellent foreign lawyers have entered the talent pool of the National Lawyers Association, and seven batches of 334 lawyers have been organized to study and exchange in Germany, Spain, the United States, the United Kingdom and other countries.