Promoting the Internationalization of Legal Services and Helping "the belt and road initiative" and "Going Global" Chinese Enterprises


Published:

2017-07-21

Abstract: With the continuous development of economic globalization, Shandong power plays an increasingly important role in the international arena. However, in the increasingly frequent international exchanges and cooperation, international disputes inevitably arise and face a series of legal issues. Chinese companies need higher-quality international legal services. Based on the local economy of Shandong, this paper analyzes in detail the importance of promoting the internationalization of legal services to the economic development of our province from the perspective of law firms, the many problems faced in the process of promoting legal services, and the important measures to solve the problems, with a view to serving the internationalization of Shandong Province, for the development of China's open economy, especially Shandong, and for Chinese enterprises participating in the "Belt and Road" and "going out!

Key words: legal services, internationalization, the Belt and Road, going out

With the continuous advancement of economic globalization and the further deepening of my country's reform and opening up, economic exchanges such as trade in goods, investment and service trade between countries have become increasingly frequent, especially after the "One Belt and One Road" strategy was proposed. Shandong, as a major economic province in the eastern coast of China, A province with a large culture and a large population has attracted more and more foreign investment in Shandong with its good economic foundation and economic export-oriented degree, local enterprises in Shandong are also constantly stepping out of the country to the world, and Shandong power plays an indispensable role in international exchanges. However, in international exchanges and cooperation, the cross-border activities of enterprises and the flow of natural persons have increased, and international disputes have also followed. A series of complex legal issues have emerged in the fields of international trade, investment, intellectual property and so on. Relying solely on domestic legal services can no longer meet the demand, and Chinese enterprises need higher-quality, high-level and international legal services.
At present, our province is in a critical period of transformation and upgrading from the development of regional economy to internationalization. It is of great significance to improve the internationalization level of legal services in our province and build a legal service system suitable for the international development of our province, which is of great significance to comprehensively improve the international level of our province and accelerate the development of open economy.

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The Urmity and Significance of 1. Promoting the Internationalization of Legal Services to Serve the Economy of Our Province

1. Promoting the internationalization of legal services is the only way to build an open economy.
Reform and opening up, the promotion of the "Belt and Road Initiative" strategy, the opening of China's door, and the step-by-step extension and promotion of the degree of openness have promoted the internationalization of Chinese lawyers. From a capital importing country, China has become a net exporter of capital to some extent. China's economy is playing an increasingly important role in the international arena. In the critical period when Sino-foreign exchanges have gradually developed into a normal state, high-quality and high-level international legal services are more needed. How to better integrate with the international legal service industry, how to better carry out effective cooperation with international legal service institutions in various countries and different regions has become a new topic facing the legal service industry. The solution of these problems depends on the cooperation of international counterparts, cooperation can produce opportunities, cooperation can reduce costs, and cooperation can promote win-win results.
2. Promote the internationalization of legal services and the implementation of major national strategies to solve problems for the implementation of national strategies.
In the process of economic globalization, there are many risks, including politics, economy and culture, and legal risk is the most common and core risk in international exchanges and cooperation. (The author has already introduced in detail in his paper "Legal Risks and Prevention of Chinese Enterprises' Overseas Investment in the Context of the" Belt and Road "", and I will not repeat them here.) To deal with legal risks, the most important thing is that international legal services should go first. In addition, the implementation of strategies such as reform and opening up and the "Belt and Road" has also promoted the internationalization of legal services. After the implementation of the national strategy, large-scale overseas investment and infrastructure construction in the context of major international cooperation have led to a growing demand for transnational legal services, coupled with the continuous influx of foreign legal service institutions into China, or opening branches in China, or strategic mergers with local legal service institutions, which has greatly stimulated the rapid development of China's overseas legal service business. The internationalization of China's legal services has ushered in an unprecedented period of strategic opportunities. China's legal services should continue to improve their internationalization and specialization, and continue to serve national strategies such as reform and opening up and the "Belt and Road" to help build an open economy.
3. The internationalization of legal services is the inherent demand of the development of legal services, and ultimately the demand of the internationalization of economic development.
A complete legal service industry and a mature legal service market are not only the basic conditions for accelerating economic and social development, but also an important symbol to measure the core competitiveness and development potential of a region. In order to speed up the development of open economy and build a big province with international brands, legal services must be carried out first in Shandong Province. Relying on strong international legal services can escort the process of economic globalization and urban internationalization.

Problems Encountered in the Process of Promoting the Internationalization of Legal Services in 2.

The process of internationalization of legal services is not achieved overnight, and some problems inevitably arise in the process of its advancement, mainly in the following areas:
1, the international channels of legal services are not sufficient, the lack of international business platform.
Improving the level of internationalization in Shandong Province requires a higher level of legal services, and simple domestic legal services can no longer meet the needs of open economic construction. As the main undertaker and implementer of legal service business, law firms should explore the mode of service expansion. The most direct and effective way is to establish cooperative relations with overseas service institutions and create an international exchange platform. However, the problem encountered in reality is often that law firms themselves do not have the ability to develop international business platforms and cannot obtain international legal services. Even if the law firm itself has the level and ability to provide international legal services, it often loses the opportunity to participate in legal services due to the lack of international channels and the incomplete acquisition of international legal service information, such as pearl dust, which ultimately limits the development of legal services internationalization.
2. It is difficult to build a high-level international legal talent team.
The competition of international legal service should be the competition of international legal talents. Internationalized legal talents should be comprehensive and compound talents. Excellent foreign-related talents are not only the leaders in the legal industry, but also put forward higher requirements in terms of familiarity with foreign languages. However, as far as the province is concerned, there is an extreme shortage of such talents, and the construction of the talent team is beset with difficulties, resulting in the embarrassment of "having business but no one to do it.
3, the law firm itself management problems.
Influenced by the traditional mode of thinking, domestic law firms pay more attention to the development of local business, especially in Shandong, which is the birthplace of Confucius and Mencius. Even though some law firms recognize the inevitable trend of internationalization of legal services, they still stand still in the process of implementation, which is manifested in the serious shortage of investment in international business team building and business operations, backward supporting management systems, weak marketing awareness, and international business. The share of revenue is too small.

3. Important Measures to Promote the Internationalization of Legal Services

1. To promote the internationalization of legal services, policies should go first.
We should actively strive for measures and corresponding preferential policies to support the development of foreign-related lawyers, and improve the policy environment for the internationalization of legal services. The internationalization of legal services in China started late, and there is still a big gap compared with western developed countries, and the international competitiveness is weak. On January 9, 2017, the State Council issued the Opinions on the Development of Foreign-related Legal Services to provide policy support for the internationalization of legal services. Specifically in the province, relevant departments should introduce support and guarantee policies that are compatible with the province's open economic development and urban internationalization. Competent commercial departments, chambers of commerce and relevant industry associations should actively provide assistance in the internationalization of legal services platforms and channels for foreign-related legal industry institutions in the province. Tax departments should actively implement tax policies that support the development of foreign-related legal services and provide practical support for the development of foreign-related legal services. Relevant government departments should provide relevant subsidies and training for the internationalization of legal services, and provide subsidies for industry development and industry management.
2. Promote the internationalization of law firms and strive to build an international service platform.
In the current social and legal environment, there are three main ways for law firms to achieve internationalization: domestic law firms set up branches or cooperative offices abroad, join the International Bar Union, and join international industry organizations. By the end of 2016, there were 1796 law firms in the province, and each law firm should choose different ways to promote its internationalization process according to its own situation. Taking Shandong Zhongcheng Qingtai law firm as an example, the law firm positions itself to build an international regional strong firm. As an established law firm in Shandong Province, it pays attention to the construction of international service platform, and has successively joined SGLA (China World Federation of law firms) and LAWorld International Federation of lawyers, It has established stable and good cooperative relations with more than 1300 lawyers from more than 50 countries and regions in the world. Based on the local area and serving the world, we can make use of the advantages of the alliance and integrate the resources of various countries to provide more high-quality, all-round and integrated legal services for realizing the internationalization of the province and promoting the development of an open economy.
3. Strengthen international legal service business exchanges and cooperation, and pay attention to the innovation and introduction of foreign-related legal service products.
With the further deepening of globalization and the continuous development of science and technology, the content of legal services is not fixed. Only by strengthening international exchanges and cooperation can the advancement and vitality of the legal service industry be maintained forever. The lawyer industry should be guided to expand high-end international businesses such as overseas investment mergers and acquisitions, financial securities, intellectual property protection, anti-dumping and anti-monopoly review, and overseas listing, so as to promote the transformation and upgrading of the local lawyer industry.
4. Strengthen the training and introduction of international legal talents, and establish a perfect talent strategy and brand strategy.
The Opinions on the Development of Foreign-related Legal Services, jointly issued by the Ministry of Justice, the Ministry of Foreign Affairs, the Ministry of Commerce, and the Legislative Affairs Office of the State Council, clarified that by 2020, it is necessary to establish a high-quality foreign-related legal service team that is familiar with international rules, has a world vision and an international perspective, and builds a group of foreign-related legal service institutions with large scale, strong strength and high service level. It is necessary to increase the introduction of high-level foreign-related legal service talents, accelerate the construction of a foreign-related lawyer talent pool, establish a foreign-related legal service team training mechanism in remote and inland areas, strengthen exchanges and cooperation with overseas lawyers, and actively develop public lawyers and corporate lawyers. In practice, the international service capabilities, international competitiveness and influence of Chinese lawyers will be further enhanced. The internationalization of legal services ultimately depends on talent. Relevant government departments and law firms themselves should pay attention to the cultivation and introduction of international legal talents in the process of internationalization, establish a talent resource pool, and make a good talent reserve for promoting the internationalization of legal services.
5. Increase the full opening and cooperation of the legal service market.
A perfect and mature legal service market should be a unified and open market with orderly competition. At this stage, China's foreign-related legal market has gradually opened up, and Chinese and foreign law firms have shown their magic power to seize China's foreign-related legal market. After a number of foreign law firms have entered Beijing and Shanghai, Shandong, as a major economic and populous province, will surely become the next target of foreign law firms. China's foreign-related legal service market will also be more affected. In the face of increasingly severe competition, we should not rest on our laurels and "close the country". Instead, we should increase the comprehensive opening and cooperation of the legal service market, so that cooperation can achieve a win-win situation.
The importance of promoting the internationalization of legal services in accelerating the development of an open economy and improving the level of internationalization is self-evident. In particular, law firms, as the main undertakers and implementers of legal services, should give full play to their professional advantages, pay attention to improving the quality of legal services, and do a good job in traditional business. At the same time, we should do a good job in international legal business in a directional, targeted and strategic way, and constantly reserve excellent international business talents, to better serve the international construction of Shandong Province, to protect the development of an open economy in my country, especially in Shandong, and to escort Chinese companies participating in the "Belt and Road" and "Going Global!


About the Author
Ren Liang, Deputy Director of Zhongcheng Qingtai (Jinan) Law Firm, Director of International Business Center, Senior Partner, Master of Law from Shandong University, MBA from Missouri State University, Excellent Lawyer in Jinan.

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