Status,Constraints And Improvement Of Foreign Legal Services In Henan Province

With the continuous expansion of China's opening to the outside world,the contradiction between the people's demand for high-quality foreign-related legal services and the limited supply of foreign-related legal services has become more and more prominent.Fortunately,this phenomenon has aroused the attention of the party and the people.At the 24 th meeting of the central leading group for comprehensively deepening reform in 2016,the opinions on the development of foreign-related legal services were deliberated and adopted.The document lays out the arrangements for the current foreign-related legal business and points out the direction for the development of foreign-related legal business.Since then,provincial and municipal judicial administration departments and provincial and municipal law associations have taken relevant policies and measures.In the context of China's deepening reform,this paper argues that foreign-related legal services should focus on institutional innovation rather than policy dividends,and carry out institutional reform of foreign-related legal services at the local level,striving to form replicable and popularizable experience and then implement it nationwide.However,for local governments to improve foreign-related legal services from the institutional level,the key point that cannot be avoided is the restrictions on market access and national treatment of foreign law firms operating in China.At present,the free-trade test in Shanghai area has carried out the new style of foreign-related legal services cooperation,allow the Chinese and foreign law since the trade contract to exchange and associated test area,it has broken the mainland Chinese and foreign firms in their respective business situation,but the change is only limited to the change of the cooperation pattern,not the standard for the birth of a new international legal services.In 2019,the pilot zone of Hainan free trade zone will allow corporatization of management,and allow representative offices of foreign countries and Hong Kong and Macao to engage in non-litigation business in Hainan.It is worthy of recognition that it will open Chinese legal affairs to foreign lawyers,but the cooperation mode is still in the mode of joint venture and exchange under contract system.The internationalization trend of legal services is inevitable,and the failure to implement the new standards of market access for foreign legal services will greatly restrict the development of China's foreign legal services.As a large province in central China,Henan Province has a profound social foundation and institutional demand to improve its ability to provide legal services related to foreign affairs.The investigation found that with the gradual promotion of China's "One Belt And One Road" initiative,Henan province,especially China(Henan)pilot free trade zone(hereinafter referred to as Henan free trade zone),has a great demand for foreign-related legal services.But overall,Henan province's foreign legal service capacity is obviously insufficient.In view of this,Henan province must take the best way to enhance its foreign-related legal service ability.In addition to the introduction and conclusion,the full text is divided into three parts:The first part is the development of China's foreign legal services.This section first reviews China's legal service commitments under the WTO and the corresponding implementation.Secondly,it points out the development opportunities of China's foreign-related legal services and the new changes in the legal service market under the background of the “One Belt And One Road”,which shows that the existing legal service capabilities can no longer meet the needs of the market.Thirdly,from the response of Shanghai and Hainan province to the new changes in legal services,this paper draws out the actual demand and direction of Henan province to improve its foreign-related legal servicesThe second part is the status quo and restriction of foreign legal service in Henan province.This part mainly explains the situation of foreign-related legal services in Henan province by means of investigation report.Henan foreign legal service team of small,in Henan province by foreign law firms and lawyers with the international big business cooperation is not enough,the low international participation of foreign-related lawyers and law firms in Henan province,and the low international participation in the foreign-related legal service market in Henan province.In addition,the author analyzes the above situation from the perspective of materialist dialectics from both internal and external causes,and puts forward that the key way to solve the problem lies in the perspective of internal causes,that is,to build a fair and orderly legal service market pattern and to gather excellent foreign-related legal talentsThe third part is Henan province foreign-related legal services to improve the path.First of all,can be directly used in Henan province coastal special economic zone on the regulation of foreign-related legal services,alignment of domestic foreign-related legal services open market access to the highest standards,in the free trade area to carry out the law of the corporate management model,to carry out special partner system,at the same time in the free trade area to expand the scope of legal services,such as the free-trade test area in Henan province to allow foreign firms to develop closer partnership type joint.In addition,the Henan pilot free trade zone will open up the legal business of the third country to build up the competition pattern in the foreign-related legal services of Henan province.Secondly,Henan province should strengthen the training of foreign-related legal services,strengthen the professional training of legal services,such as international law,and English training of legal services,so as to improve lawyers' ability to handle foreign-related legal services.Strengthen the exchanges between Henan province and Hong Kong,Macao,Shanghai,Guangdong and other regions with relatively developed foreign-related legal services.Finally,we should encourage law firms in Henan province to improve their service model,strengthen the professional and standardized construction of law firms and lawyers' services,and fully participate in the international legal service market and conduct international competition.