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Mar27

Advice for foreigners retaining criminal defense lawyers in China

It is helpful during China criminal proceedings to be represented by a lawyer who is familiar with the China criminal law rules of evidence, China criminal law rules of procedure, trial procedure, and the China court system in general. The lawyer should also be familiar with China sentencing procedures, and with the recent Supreme Court rulings which affect sentencing. It helps to have a defense lawyer who is familiar with the China People Attorney's office which is handling the case, and ideally some familiarity with the China investigative agency which spearheaded the investigation.

 
Mar27

How to find a Chinese criminal defense lawyer in China

Please note that if you have been charged with a criminal offense, or if you believe your civil rights were violated by the police, you will likely benefit from consulting a criminal defense lawyer. You may find this article on "How To Hire A China criminal defense lawyer" to be helpful.

Do I Need A China criminal defense lawyer?
Any person who is facing a criminal charge, no matter how minor, will benefit from consulting a competent China criminal defense lawyer. Even if the lawyer is not retained to provide representation in court, a consultation will help a criminal defendant understand the nature of the charges filed, available defenses, what plea bargains are likely to be offered, and what is likely to happen in the event of conviction.

 
Mar27

China criminal law and criminal defense lawyer

Crime is on the rise across China and China criminal defense lawyers are plenty busy. While high-profile China defense lawyers enjoy one of the most lucrative careers in the law, not all defense lawyers earn big money. Review this profile of a China criminal defense lawyer for an inside look into the exciting and rewarding field of China criminal law.

1. How did you get into the field of China criminal defense?
I was always interested in trying cases. During my last two years of law school I worked as a paid intern in the district attorney’s office. Once I became a lawyer, I went into private practice and started doing court appointments and getting referrals for criminal cases.

2. What types of China criminal defense matters do you handle?
My first criminal trial was an arson case. I handle about 2 homicide cases a year. I’ve done a dozen or so death penalty cases over the last 25 years. I’ve done hundreds of drug cases as well as white collar crime. I’ve handled thousands of DUIs [driving under the influence] and a handful of sex crimes over the years. I handle misdemeanors and felonies.

 
Mar26

How to terminate an employment contract in China legally and avoid legal problems

I write this article not to encourage a China employer to fire employees, neither to infringe the legal rights of employees. I believe a legal termination will benefit both employer and employees. Therefore, please read this article with a object perspect.

The decision to terminate an individual’s employment carries with it the risk of a possible legal challenge. Depending upon an employer’s policies or whether an employee has an employment contract, an employee may, for example, have a breach of contract or “wrongful discharge” claim.

 
Mar26

The termination of employment contract and severence pay in China employment law

The employment system in the People's Republic of China is quite different from that of the United States. Whereas the United States uses an employment-at-will system, where an employer may terminate a contract at anytime, China uses a contract employment system, which is heavily based on a North European legal framework. In a contract employment system, it is very difficult to terminate an employee that is still under contract. The latest labor law comes into effect in 2008 and governs regulations regarding contracts and severance.

 
Mar26

China severence pay law and how to calculate severence pay

Introduction

 

In China, severance pay policy is included in the Labor Contract Law. Severance pay is a kind of compensation pay for the employee when the employer terminates the employment contract; or when the employee terminates the employment contract due to the employer’s breach of the Labor Contract Law. The normal circumstances that could warrant a severance pay include layoffs, job elimination and mutual agreement to part ways, etc.

 
Mar26

What is severence pay and how to calculate several pay according to China employment law?

I've received several inquiries this week about severance pay. One person I spoke to thought that her employer was required to give her a severance package (they aren't) and that she could negotiate a better deal than was offered. Another person has a very difficult decision to make. He can accept a generous severance package from his 25+ year employer or take his chances on being unemployed at the end of the year. That's a tough one.

 
Mar26

China Legal Counsel Provides: How to enter into a lease agreement / lease contract in China

Your lease or rental agreement and the security deposit you require must comply with your state and local laws. The document cannot contain language that attempts to take away any of your tenant's legal rights — to file complaints, sue for liability or injury, or get the security deposit back promptly if the unit is left in good condition.

How much the tenant pays for the security deposit is usually limited by the state and local government. Some communities require you to pay interest on your tenant's money.

 
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I am a licensed China lawyer. Most clients are foreign nationals and companies. China Lawyer Blog have associates in Beijing, Shanghai, Tianjin, Guangzhou, Suzhou, Nanjing, Qingdao, Fuzhou, Hainan, Hefei, Wuhan, Xian, Changsha, Xiamen and Hangzhou. Learn More

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This China Lawyer Blog is aiming at providing better knowledge and understanding of Chinese law for foreigners. Should you have any legal issue in China, do not hesitate to contact China Lawyer Blog for consultation. Preliminary consultation is free. Further legal service, however, will be charged in due rate and in due course.

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China Lawyer BLog AuthorPeter Zhu, an experienced China attorney licensed to practice law for more than ten years, the author of this China Lawyer blog, welcomes any enquiry or consultation related to Chinese law.