Page 10 - 2019 Special Report on the State of Business in South China
P. 10
We are also pleased to see Guangzhou City 仿知识产权法院的做法为其指定监督机构。若中央政府
was once again voted the favorite destination for 不采取具体措施,终有一日,问题将剧烈爆发,其紧张
investment from over 35 cities across China. This is 局势不会逊于美中贸易战。在此之前,我们必须做好准
important because Guangzhou is one of the anchoring 备,避免下一次紧张局势的形成以及中国与他国之间可
cities of the new Guangdong-Hong Kong-Macao 能爆发的新一轮争端。中国中央政府必须将国有独资企
Greater Bay Area (GBA). A majority of the companies 业和国有资本控股企业与基层司法系统划清界限。基层
remain optimistic towards the future development of 司法系统必须不受外界影响,才能客观公正地做到依法
the GBA. Continued government backing, infrastructure 执法。
support, and regional economic development are
generally considered the top three important factors 此致
to its success, which cannot be accomplished without
the implementation of the Outline Development Plan 敬礼!
for the Guangdong-Hong Kong-Macao Greater Bay Area,
released on Feb 18, 2019. Good things are definitely 哈利·赛亚丁博士
happening for foreign business in South China, but 华南美国商会 会长
much more still needs to be done. 2017年奥斯陆商业促和平奖 获奖者
As the President of a Chamber representing more 暨南大学 访问学者
than 2,300 members, it is clear to me that the vast 阿来龙能源 总裁
majority of problems foreign companies are facing in
China are not related to central government issues. Many
of these problems are a direct result of unfair treatment
by low-level municipal governments and the fact that
rarely is there a proper channel or venue where a foreign
entity can get a fair hearing and treatment according to
the rule of law. Too often the line between a company
and the government is not just blurred but totally erased
by lower-level municipal judicial systems when foreign
business entities have legal problems with their joint
venture counterparts. Basically, the old saying “you can’t
fight city hall” becomes the rule of law.

Currently, very few channels exist where foreign
companies can seek arbitration outside the control
and influence of the low-level municipal government.
These same entities often have financial connections
to the domestic party in question. With a free license to
kill given to these low-level municipal governments—
and their right as the company executive, judge, jury
and enforcer—complaints by foreign companies are
not treated fairly. Under the current process, any issue
elevated to a higher-level Chinese government by our
companies is sent by the higher-level to the very culprit
lower-level government for adjudication.

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