Chinese Attorneys & Lawyers: Backbone To China's Legal System
China is the world’s largest and most populated country, with 1 in 5 people in the world calling China home. As well as this, it is one of the main business and economic hubs in the world. With so many people and so many legal and business transactions going through every single day, it is essential that workers and dwellers in China have access to great legal professionals.
Attorneys are professional people who are authorized to practice law in their country. They are an essential part of any country’s legal system, and even more essential to anyone wanting to do business in China.
To become an attorney or lawyer in China the process is quite similar to that in most Western countries. They must complete a three year university degree in law, and once they have graduated they must gain at least two years experience in the legal field before sitting their bar examination that is offered twice yearly. It is also possible to gain qualification as an attorney without a law degree, providing they have a degree in another subject and have completed three years of work experience in the legal profession prior to sitting their bar examination.
All attorneys in China are members of the All China Lawyers Association, and it is the professional administration organization over Chinese lawyers. Attorneys in China earn on average 400,000 yuan (approximately USD$50,000), although many earn a lot less and a lot more.
There are over 110,000 attorneys in China, and that number is increasing as the demand for qualified legal professionals becomes higher. Attorneys are essential to China’s growth and makes it a more secure and appealing option to foreign investors considering coming to China.
China currently has over 9,000 law offices, 44 per cent of which are law partnerships- a concept brought in from countries such as the USA and Great Britain. Despite there being so many attorneys in China, the percentage compared to number of people is lagging behind other well-developed countries, although the number has increased by over fifty times since two decades ago.
There are many large law firms in China, most of which specialize in corporate and commercial law to keep with the demand of international and local businesses. The three top rated international law firms in China as of 2004 are: Baker & Mackenzie, Clifford Chance, and Coudert Brothers.
One of the largest law firms in China is Lehman, Lee & Zu. They have seven large offices across mainland China as well as two in Hong Kong and Macau. They specialize in international corporate and commercial clients, and even have a liaison office in Chicago, USA.
Every major city in China has a law firm, and you are sure to be able to find an attorney that specializes in the particular area you need representing in or advice about. There are attorneys that specialize in real estate, agriculture, criminal law, family law, corporate law, and many more.
A popular law firm with foreigners is B&R Law Firm. They have attorneys that speak in English, German, Japanese and Chinese. Plus they have all graduated from prestigious Chinese and international law schools as well as having years of experience in the industry. They are well-equipped to work with international and local clients on all areas of law.
Another popular firm with international customers is the Zhongsheng Law Office, which in 2001 was voted: ’Best Firm Providing Foreign-related Services’ by China International Trade and Economic Promotion Commission.
By international standards, lawyers in China are much cheaper than their US or European counterparts. Although larger law firms that cater for international corporations are aware that they are able to pay more for their legal services than locals, so prices are much higher.
One of the most famous attorneys in Chinese history is Gao Zhisheng, who in 2005 was labeled “the conscience of Chinese lawyers”. He is well known for standing up for human rights, and he bravely made a statement withdrawing himself from the Chinese Communist Party. In his statement, one of the most significant messages was: “Stop persecuting believers of freedom and mend ties with the Chinese people”. As well as being praised as a great human rights activist, he is also one of China’s top ten lawyers (as declared by China‘s Ministry of Justice in 2001).
The legal system in China is very civilized, and although penalties for many crimes are a lot more severe than in countries such as Europe and the USA, people in China have many legal rights and it is based on the civil law system. Their legal system is a combination of traditional Chinese approaches and more modern Western influences. It is constantly being reformed.
