China Legal Like it’s 1999

China lawyers and attorneys
China’s legal system has changed. Get used to it.

BREAKING NEWS: The China of today is different from the China of  1999. Okay, so you knew that, right? Are you sure? Just like you know your 22-year-old kid is now an adult but in your mind is still 14 or 15 years old? Have you really caught up with today’s China or do you at some level still view it as it was one or two decades ago? I ask these questions after reading a China Skinny article, entitled, Why is it Popular? Dolce & Gabbana’s Fail Uncovers Restored Chinese Pride? This article talks about a “recent Dolce & Gabbana ad campaign” that was not taken well by China’s netizens:

China’s netizens took to social media, condemning D&G for its apparent espousal of backward and racist associations with China. The overwhelming sentiment was that the China photographed perpetuated Western viewpoints of an underdeveloped, dirty and inferior land. The people wanted to know: why was their country still represented by tuk-tuk drivers and pudgy, awkward tourists? The photos had gone global, posted on D&G’s western media like Instagram and Facebook, and the people were mad.

The article goes on to explain why China’s citizens were justified in their views regarding the ads, by citing the following:

A short drive from the scene of the Beijing photos could take you to the site of a $2.1b A.I. research park to host 400 businesses and churn out $7.6b in annual output by 2023. The chair of the US Defense Innovation Advisory Board recently spoke plainly on the subject of the rise in China’s A.I. capabilities; “By 2020, they will have caught up. By 2025, they will be better than us. By 2030, they will dominate the industries of A.I.”

Or you could pop down to the Beihang University and its School of Astronautics and discuss China’s plans to have nuclear-powered space shuttles by 2040 which will “colonise the solar system.” These feats are just a drop in the ocean of advances which have driven China’s rise on the world stage and a fiercely proud population that no longer sees a reason to back down.

Good points.

The legal front is no different. Hardly a week goes by where one of my firm’s China lawyers does not have to explain to someone how much China has changed, usually involving one (sometimes more) of the following, along with my own typical quick response.

1. “I’ve heard that it’s fine to operate in China without having a China business [typically a WFOE or a Joint Venture] because they will never catch you or if they do you can usually get off just by paying the person $500.” My Response: Twenty years ago, maybe. Now, if you get caught doing business in China without you and your company (and even those who work for you in China) will be in big trouble. See Doing Business in China with Deportation or Worse Hanging Over Your Head. And note that going into China via Hong Kong hasn’t really worked in most situations for a decade. See A Hong Kong Company Is NOT a Mainland China Company and a Hong Kong Trademark is NOT a Mainland China Trademark. And paying bribes has always been a really bad idea for a whole host of reasons. See China Bribery. Not Smart and Not Necessary.

This article was written by Dan Harris and published on China Law Blog. Original Post: https://www.chinalawblog.com/2018/01/china-legal-like-its-1999.html      

View the original article here.

Dan Harris

Dan Harris is internationally regarded as a leading authority on legal matters related to doing business in China and in other emerging economies in Asia. Forbes Magazine, Business Week, Fortune Magazine, BBC News, The Wall Street Journal, The Washington Post, The Economist, CNBC, The New York Times, and many other major media players, have looked to him for his perspective on international law issues.