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Adjustment of Civil Legislation of China after Entrance into WTO

After entering WTO, one of the most important obligations of China is to amend lots of laws and regulations concerning multilateral trade. It will bring great influence on administrative legislation and civil and commercial legislation.

Influence on Legislation of Real Right

We shall lay stress on distinguish between movable property and immovable property. Scope and obtaining method of immovable property, state¡¯s ownership of land and collective ownership of rural area shall be concretely prescribed. Obtaining method of moveable property shall also be prescribed, including preempt, lost property, treasure trove, and accession.

Influence on Legislation of Finance

Internationalization of Finance

China will gradually eliminate its trade barrier on banking, finance and security.

Promises Undertaken by China

1.Gradually canceling limitation on foreign-invested banks to give them free market access;

2.Gradually increasing number of representative office of foreign security facilities and permitting foreigners to establish fund management corporations;

3.Gradually canceling all regionally limitation of insurance industry to enlarge business scope of foreign insurance company in China.

Three Aspects of Perfecting Legislation of Finance

1.Fusion of international financial business is a global trend. In this sense, today¡¯s Commercial Banking Law of the PRC will be behind the times. In the future, securities, banking and insurance industry will realize conglomerately operation.

2.In most other countries, service content of financial service is abundant, involving all profit making projects of this aspect. However, China strictly separates securities, banking and insurance industry for the purpose of keeping out of risks and strengthening management. Such conservative status shall have some changes.

3.After the Reform and Opening to the Outside World, foreign financial organs not only enjoy preferential treatment but also strict market access and limitation of business scope in order to both attracting foreign capital and protecting straggling Chinese financial industry. It has played a positive role in its earlier stage. Nevertheless, its disadvantages are more and more evident. Chinese financial industry is dissatisfied with such unequal treatment. Meanwhile, foreign financial organs cannot enjoy national treatment after entering Chinese market.

Accordingly, China shall make an overall amendment of today¡¯s financial legislation in accordance with above promises.

Influence on Legislation of Competition Law

Competition legislation mainly includes anti-monopoly law and anti-unfair competition law. Since China is going to enter WTO, anti-monopoly law shall be promulgated as soon as possible in order maintain market order and protect consumers' benefits with the purpose of accelerate market stability and economic development. China shall try to get rid of administrative monopoly. In addition, phenomenon of foreign enterprises¡¯ monopolizing market will be popular after China¡¯s entrance into WTO. In this sense, an anti-monopoly law in conformity to international usual practice shall be promulgated.

Other Aspects

We shall also pay attention of intellectual property of domain name and importance of anti-dumping legislation.