Rote Linien und Graubereiche: Ausländische Anwaltskanzleien in China

Abstract

Red lines and grey areas: foreign law firms in China

The article deals with the regulatory environment and the lived reality of legal practice conducted by foreign law firms in the People’s Republic of China. After giving a brief introduction on the importance and development of the legal profession in general following the foundation of the People’s Republic, the author thoroughly examines the relevant legal provisions concerning foreign law firms and the development of these provisions over time. Observations are supplemented by always taking into account actual legal practice and the practical solutions found for dealing with the various provisions and the given administrative modus vivendi. Overall, an only semi-open market for foreign law firms is presently found, one whose basic rules are not always clear. The article concludes with a plea against the existing protectionist policy and in favour of a further opening of the Chinese market for foreign law firms. In doing so, the author offers detailed suggestions on how to implement this desirable change, also spelling out the possible benefits for Chinese interests.