About the China Law Blog
In our very first post, back in January 2006, we set forth our mission for this blog. Today, May 27, 2010, we move to a new platform, but our mission remains the same.
We discuss the practical aspects of Chinese law and how it impacts business there. We tell you what works and what does not and what you as a businessperson can do to use the law to your advantage. Our aim is to assist businesses already in China or planning to go into China, not to break new ground in legal theory or policy.
We want to engage in conversations with, for and about the person who wants practical information on starting and growing a business in or involved with China.
We will be challenging various misconceptions the West has about law in China, including that the law in China does not really matter or that guanxi can supplant it. We will help you figure out how you can use the law as both a shield and a sword. We will give insights to achieve practical solutions, while doing our best to entertain. We know lawyers are not popular, and though we are ourselves quite likable, we recognize the need to avoid those things that incite lawyer hatred. We strive to avoid legal jargon and namby-pamby language that attempts to camouflage our views or to avoid controversy.
We want this blog to be a place for both conversation and controversy. We expect many of you to disagree with us at least some of the time and we are fine with that. We always strive to avoid boring you or being unwilling to take a stand. We are not going to be afraid of being wrong—in fact, we want you to tell us when and how we are wrong. If you want “legalese” or long strings of caveats, you are going to have to pay exorbitant legal fees to get that elsewhere.
We tell you more than just that the law is this and this is what needs to be done to comply. We discuss how the Chinese laws as written may say one thing, but our experience on the ground in China dictates something else. We tell you when you need to do more than just follow the law to succeed, and we set out exactly what that something else is. We also will sometimes regale you with stories about the Chinese lawyers with whom we work, the foreign and Chinese businesspeople with whom we deal, and even the places we go. There will be times where our lawyer ethical rules prohibit us from naming names, but we will always work to tell the full story and when we cannot, we will usually make that clear and explain why that is the case.
It has become a blog cliché to implore readers for their input, but it is so important we must join the crowd on this. We do not purport to know everything about Chinese law. That is impossible. Our strengths are forming companies in China, drafting contracts with Chinese companies (in English and in Chinese), employment law, intellectual property protection and international litigation and arbitration. We welcome your comments, suggestions and ideas on any area of law relating to conducting business in China. China is anything but monolithic and we rely in part on you, our readers, to round out this site with your own stories.
In plain language, we ask you to write us early and often. We review your comments before we post them, but that does NOT mean you should not criticize us or disagree with us. Our review is to filter out comments that are without substance and/or personally abusive. We want to encourage a high level of discussion, but we will not ban or delete your comments just because you come after us.