Chinese Law Counseling Center (hereinafter “CLCC”) is a full service legal counseling organization dedicated to help government agencies, enterprises, institutions and citizens. As a nationwide legal service institution, it was founded by China Law Society to provide legal services to the whole society.
CLCC provides systematic, comprehensive and high-quality legal services to its clients by way of taking full advantages of its “think-tank”, the Expert Panel Committee constituted by more than 70 famous jurists and legal experts in different areas of law.
CLCC sets up internal departments, such as Expert Panel Committee, Professional Committee, General Affairs Office, Legal Affairs Department, Project Management Department and Legal Risk Control Department.
●In Oct. 1984, in order to better adapt to the rapid development of the Reform and Opening-up and provide legal counsel for the central decision-making organs and other departments, CLCC, approved by the Political and Legal Affairs Working Committee under the Central Committee of the CPC, was founded by China Law Society together with the Institute of Legal Sciences of Chinese Academy of Social Sciences, internally called “Legal Counsel Department of China Law Society” at the Bureau-Department Level. Mr. WANG Zhongfang, then Executive Vice President of China Law Society, was the Chairman. Mr. WANG Shuwen, then Director-General of the Institute of Legal Sciences of Chinese Academy of Social Sciences, was the Vice Chairman. Mr. XU Hegao was the Director-General. The central government leaders such as Mr. XI Zhongxun, PENG Chong, Panchen Lama, RONG Yiren and TIAN Jiyun were all present at the founding conference.
●In 1988, on the basis of the Legal Counsel Department, China Law Society set up Beijing Tianping Law Firm, with the same staff as those in CLCC. In 2000, Tianping Law Firm was disconnected from China Law Society due to restructuring.
●In Nov. 1994, in the Institutional Reform Plan of China Law Society approved by State Commission Office for Public Sector Reform, CLCC was listed as a government-affiliated institution, with its expense paid by its earning.
●In 2004, CLCC was authorized and registered by State Registration and Administration of Institutional Legal Person, Mr. LIU Fahe, then Vice President of China Law Society, took up the post of legal representative.
●In Sep.2005, CLCC restarted its work. Ms. ZHANG Suofei, then Deputy Director-General of the Democracy and Legal System Press, was appointed as Deputy Director-General and Legal Representative of CLCC, and presided over the whole work.
●In Feb.2007, Ms. ZHANG Suofei took up the post of the Director-General and Legal Representative of CLCC.
●In May 2013, Mr. ZHAO Xiaoqian, the ex-editor-in-chief of the Democracy and Legal System Times took up the post of the Director-General and Legal Representative of CLCC.
CLCC is dedicated to:
●adapting to the new situations of the Reform and Opening-up and of the modernization construction
●meeting the needs of governing the country according to law and building a socialist country under the rule of law
●providing high-quality legal services to government agencies, enterprises, institutions and citizens
●performing its social supervision functions over judicial organs and government agencies in accordance with the law
●guaranteeing the legitimate rights and interests of enterprises and citizens
●pushing forward the process of the government’s administration by law and reasonable administration
●boosting the communication and cooperation on legal affairs at home and abroad
●promoting actively the construction of socialist harmonious society
The Service Scope of CLCC:
The service area:
●intellectual property protection
●finance & securities
●legal risk control
●other general legal affairs
Examples of what we do:
●Provide legal counsel advice to government sectors as regards to the legal problems encountered in the process of further deepening the Reform and Opening-up and construction of modernization, by way of arranging jurists and legal experts to conduct specific investigation and research;
●Provide legal counsel advice to policy-making authorities as regards to the hotspot and difficult issues on legislation, judiciary and enforcement by way of conducting specific investigation and research in cooperation with government agencies, national and foreign foundations, industry associations and enterprises;
●Provide legal services, such as legal advice and project planning, submission of legal opinions, and organization of concrete operation, to institutions, enterprises, public organizations and citizens as regards to legal affairs in different areas including economy, technology, culture, commerce and trade, as well as those concerning foreign affairs;
●Providr legal counsel services to foreign clients as regards to the Chinese legal problems and legal affairs;
●Submit legal counsel advice to Chinese and foreign clients as regards to typical and hard cases by way of arranging jurists and legal experts to conduct research and demonstration;
●Conduct specific project research and legal counsel demonstration in cooperation with economic circles and other social sectors;
●Provide the specific legal services and solutions to significant civil or commercial disputes acting as the long-term legal counsel of institutions, enterprises and public organizations;
●Provide legal services of identification and evaluation of legal risks and of construction of prevention and control system to the enterprises;
●Provide comprehensive IP counsel service concerning patent information analysis such as R&D decision and risk pre-warning, patent strategy counsel, IP strategy management and IP training as entrusted by the government, institutions and enterprises.
Why choose CLCC?
The Expert Panel Committee, supported by China Law Society, has the best legal expert resources covering the most famous jurists, legal experts and leading talents in different fields such as civil law, commercial law, criminal law, administrative law, intellectual property law, environmental protection law, taxation law, state-owned property law, securities law, negotiable instruments law and so on.
The members of the CLCC Expert Panel Committee are the best in the aspects of legal theory, law-practicing experience and professional competence. Based on the active participation and hard work of these talented members, the quality of each case dealt with and every legal service provided by CLCC is fully guaranteed. The legal services of CLCC have received unanimously favorable comments separately from law experts, scholars and clients, achieving good social results.
The legal counsel advice on significant, hard, complicated cases, submitted by CLCC, is generally considered by the society as the most professional, comprehensive and authoritative legal analysis and interpretation.
(2) High-end platform
CLCC is one of the few state-owned national legal service institutions, directly under China Law Society, which is a nationwide academic mass organization of Chinese jurists and law practitioners. CLCC is serving as a bridge and a bond between the state and the vast jurists and law practitioners as well as an important force to promote the construction of socialist democracy and legal system and to push forward the process of governing the country according to law.
While providing legal services to the whole society, CLCC, under the leadership of China Law Society, around the central work of the State, coordinates, participates in and shares the work of CLS, takes part in the national and local legislation and the work of drafting, amending, consulting and demonstrating laws and regulations. Therefore, among the numerous legal service institutions, CLCC adheres more closely to and exerts more influences on the national legislation and policy-making, understands more clearly the State’s political and economic development trends, and catches the most valuable information for the clients in time, so as to provide the high-quality legal services catering to the clients’ actual needs.
The legal service products provided by CLCC follow the principle of objectivity, justice and rationality with the aim of upholding fairness and justice and passing warmth of law. Under these principles and aims, the whole series of legal service products of CLCC are highly approved by the whole society with strong credibility.
China Law Society Legal Risk Control Research Center, backed by CLCC to carry out the practical and research work, has developed into an efficient theoretical application platform, on which CLCC constantly transforms the updated and most valuable legal research achievements to legal service products to serve the whole society and the clients.
(3) Professional team
CLCC has a professional legal service team, composed of dozens of doctors and masters in law, with solid professional foundation, complete structure of knowledge and rich practical experiences. Most of them not only have their own skillful and proficient areas, but also have cross-disciplinary backgrounds. Adhering to CLCC’s ideas of specialization, rigor and rationality, with a high sense of social responsibility and earnest working attitude, the team members, complemented by each other’s advantages, do their best and have successfully accomplished one after another complicated cross-field and cross-disciplinary cases and projects, receiving high praise from the clients.
CLCC implements an internal flat-shape management model to achieve the maximization of efficiency. It pays more attention to team’s cooperation than individual contribution, especially in the process of providing legal services. All these measures ensure that the clients could obtain the most professional, best-quality and most efficient legal services.
(4) Communication channel
CLCC not only keeps a close cooperation with massive legal experts, but also maintains a smooth communication with central and local Political and Legal Affairs Working Committees, the People’s Congresses, governments, People’s Courts and People’s Procuratorates at various levels. Meanwhile, it also has a good relation with numerous famous news media such as Xinhua News Agency, People’s Daily, Legal Daily, Democracy and Legal System. In dealing with certain significant and complicated cases, these media are able to provide CLCC with great support and assistance in various ways.
(5) Counsel for significant and complicated cases
When dealing with the legal problems in significant, hard and complicated cases encountered by government agencies, institutions or enterprises, CLCC shall engage the elite jurists and legal experts to submit their written legal counsel advice respectively. On the basis of these legal advices which professionals in CLCC will deeply research and analyze, they shall sort out and sum up the experts’ opinions, ideas and thoughts to form the authoritative, professional and comprehensive legal counsel opinions with a final conclusion for the hard and complicated legal problems.
From Sep.2005 to May 2012, CLCC has submitted more than 200 “Legal Opinion Letter” for the hard, complicated and typical cases with significant influence. Its objectivity and justice obtained affirmation from various sides such as judicial authorities, government agencies, institutions and enterprises, achieving good social results.
CLCC has compiled and published serials of books based on the accomplished demonstration of cases, including “Jurists’ Demonstration of Civil & Commercial Cases”, “Experts’ Demonstration of Hard Real Estate Cases” and “Experts’ Demonstration of Hard Corporation Cases”.
Meanwhile, CLCC provided free legal counsel services to the public, with the number of nearly 1,000 cases dealt with each year.
(6) Legal risk control
The research and practice of legal risk control has always been the primary business for CLCC.
●In 2006, CLCC launched “International Forum on Legal Risk Control and Management & The First Chinese Corporations Legal Counsel Annual Summit”.
●In 2007, CLCC also successfully held “High-level Seminar on Modern Corporations Legal Risk Control and Management”.
●In 2008, CLCC was invited to go to the Offshore Oil Engineering Corporation Ltd to make an investigation and provided guiding advices on pushing its legal risk control work.
●In June 2009, at the invitation of the Asian Risk and Crisis Control Association and the China National Offshore Oil Corporation, CLCC attended the specific training project of comprehensive risk control of China National Offshore Oil Corporation and gave a lecture on “Corporations Legal Risk Control”.
●In Feb. 2012, Standardization Administration of the People’s Republic of China issued “Guidance on Enterprises Legal Risk Control”. CLCC participated in the charrettes about this guidance several times, discussing the theoretical and pragmatic problems in the area of enterprises legal risk control.
●In October 2010, CLCC, together with Taiwan Chung Hua Legal Risk Control Society, Taiwan Corporative Bank, Law Department of Taipei University, Finance & Law Department of Asia University, held the Cross-Strait Legal Risk Control Seminar and won a big success. Mr. HU Zhong, Vice President of China Law Society, and WAN Exiang, Vice President of the Supreme People’s Court, both spoke highly of this seminar’s achievements.
●In July 2011, the Cross-Strait Legal Risk Control Seminar was held in the mainland. Ms. LIU Yang, Executive Vice President of China Law Society, Mr. HU Zhong, Vice President of China Law Society, DAI Yuzhong, Deputy to the National People’s Congress and member of Internal and Judicial Affairs Committee of the National People’s Congress, WANG Baoshu, President of Commercial Law Association of China Law Society, WANG Weishan, Vice President of Law Society of Inner Mongolia Autonomous Region and former President of the High People’s Court of Inner Mongolia Autonomous Region, SONG Xide, Executive Vice President of Law Society of Inner Mongolia Autonomous Region, SHI Maolin, Chairman of Taiwan Chung Hua Legal Risk Control Society, and CHEN Zongzhen, President of Taizhong Branch of Taiwan Higher Court, LI Yanwen, President of Taizhong Local Court of Taiwan were present. The seminar achieved a great success and was highly appreciated by the Taiwan Affairs Office of the State Council.
At present, a series of theoretical and pragmatic seminars held by CLCC, with the Cross-Strait Legal Risk Control Seminar as a representative, have become the theoretical and pragmatic research platform for legal risk control in both sides of the Taiwan strait with the features of the highest academic level, the widest scope and the most active exchanges, representing the frontier of the cross-strait legal risk control research.
●In December 2011, “China Law Society Legal Risk Control Research Center” was set up by China Law Society. Backed by CLCC to carry out the practical and research work, “China Law Society Legal Risk Control Research Center” has become the main platform for the legal risk control research, further uniting and keeping in contact with the legal experts, scholars and practitioners engaged in legal risk control research within the whole country, so as to promote the prosperity and development of the legal risk control research practice.
●In May 2012, “Branch of Zhong Guan Chun Innovation of Science, Technology and Finance and Legal Risk Control Research Center of China Law Society” was set up as a branch of “China Law Society Legal Risk Control Research Center” to push forward the research and practice of legal risk control in depth.
In the field of practical work, CLCC provides the following services to the society:
●Providing the specific legal risk control plan for government agencies, institutions and enterprises on the basis of scrutinizing the legal risk entirely, identifying and analyzing the legal risk points;
●Providing the legal risk analysis and control for government agencies, institutions and enterprises with respect to the problems in specific area (for example, intellectual property, human resources management and so on);
●Providing the evaluation report for government agencies, institutions and enterprises before they make any significant decisions.
Up till now, CLCC has provided this specialized legal service of legal risk control to many large and medium-sized enterprises, including those supervised and managed by SASAC, achieving good results.
(7) Legal affairs concerning intellectual property
In order to strengthen the creation, application and protection of IP and help accomplish the goal of building an innovation-oriented country, CLCC devoted itself to founding the platform of IP counsel service so as to provide high-end IP counsel service to government organs, institutions and enterprises; taking full advantages of “think-tank” to provide efficient and high-quality IP legal service to its clients; utilizing the visualized patent analysis system to provide comprehensive patent information solution to its clients.
IP management and counsel
By finding out IP overall structure of government agencies, institutions and enterprises, including the amount and application of patents, trademarks and copyrights, and analyzing their strengths and weaknesses of IP competition, the IP distribution of their main rivals and the development prospect of relevant IP markets, CLCC helps them lay down IP management systems, perfect IP institutional framework, and conduct checks on IP positions, submit legal opinions on significant, hard and complicated IP cases, and IP legality report.
Patent information analysis and strategy counsel
This service goes through four phases, including project research, data collection, patent analysis and patent strategy-making.
Project research phase is to analyze project requirements, research background materials, find out the current situation of relevant technology and industry, consult technical experts to decompose project and determine technical topic and analysis target.
Data collection phase is to choose the relevant data base according to project requirements, make research retrieve strategy in line with industry background, technical fields and data base characteristics, then on the basis of preliminary retrieve results, to revise the retrieve strategy so as to accomplish the best retrieve effect and to process the extracted patent data.
Patent analysis phase is to choose reasonable analysis model according to the determined technical analysis target, drawing all kinds of charts, summarizing and interpreting patent information by various analytical methods, and submitting patent analysis reports finally.
Patent strategy-making phase is to analyze patent strategy jointly with IP experts according to the results of patent analysis, and in accordance with client’s specific needs and objective reality, to provide the best patent strategy advice accordingly.
(8) Resolution of significant civil/commercial disputes
By virtue of its own advantages, CLCC is entrusted by government agencies, institutions, enterprises and other clients, to resolve high-end civil and commercial disputes and cases by various means of ADR(Alternative Dispute Resolution), including making dispute solution plans, providing legal counsel advice for clients to carry out crisis management, as well as conducting the mediation, reconciliation and negotiation before and in the litigation on behalf of clients, so as to properly, flexibly and efficiently resolve significant civil/commercial disputes and cases (including those concerning foreign affairs) in accordance with the law.
Golden-Deer PRIZE of CLCC
To better encourage the staff, promote their comprehensive development, strengthen the cohesion and centripetal force and develop the core values, CLCC founded a yearly award named Golden-Deer PRIZE in 2008.
Deer is a typical herbivore, with a wide variety of categories and shapes. Every part of a deer is a treasure. The capacity of continuous regeneration of its antlers, its jump-like running style and its timid and alert character, imply that CLCC’s staff, no matter in which position, are precious talents, and what they do is significantly beneficial to the country and the whole society. CLCC is full of exuberant vitality. We are in awe of law. We advocate the spirit of dedication. We provide the best quality legal service to the whole society. We all together share the happiness of growth of CLCC and ourselves.
In the meanwhile, deer has the same pronunciation as road in Chinese, which means that we are running on an extremely glorious road. The road is ahead of us. The road is just under our feet.