He Meihuan "theory of common law education" contemporary China first chapter -- Globalization: Professor of law school in China common law is a reason

   Author in the beginning, although modern China law indirectly based on German law, but because of the influence of the legal globalization, China should actively learn common law in the legal reform process. The influence of globalization is equal to American, globalization and response to the globalization three parts to demonstrate.

 

One, globalization is equal to USA

   Use the views of Professor Freedman pointed out that the law's globalization, globalization of law refers to all the countries in the world (voluntarily or involuntarily) adopted America specification, new system in the world is USA law. And from the four aspects of the interpretation.

   (a) American law firms all over the world

   Because the UK law firms are USA changed, so this part from two aspects of the Anglo American law firm expansion. Specifically include:

   Two times 1, rapid development of large law firms in the American from 1870 to 1920 and twentieth Century 70's;

   2, the America after World War II and 60 years of the twentieth Century, many overseas expansion;

   3, UK law firms in American firms entering the UK America and large by;

   4, German firms were acquired America of British firms "and" French firms are American firms "tunneling";

   5, the firm won the European large customers, American win success in continental Europe market.

   (two) USA law education spread to various important sites in the world

   1, foreign law directly or indirectly by the USA law education;

   2, the system of foreign law education itself America, law education in Canada, France, Germany, Switzerland, the UK and Japan can reflect this point.

   (three) American legal documents and practices prevailing in the world

   1, to participate in the international trade of Americans could stick to choose USA law as the governing law, which will inevitably involve the American practice;

   2, USA firms will take the way they do things in the global development;

   3, a considerable number of firms from American study "graduates" also act as American practices amount of communication;

   4, the Americans in the local or international organization leadership positions also into the American practice;

   5, USA firms from their stronghold in control of overseas trade;

   6, America legal risk communication is the ultimate example of American practice of globalization, in the process, America local barrister to Europe to lobby European authorized him to group litigation in America.

   (four) American law spread to countries in the world

   1, after the Second World War, fundamental changes to understand European law and laws on the occurrence of almost all from USA began. Now, not only the adoption of European law American law, has also adopted the concept of America theory;

   2, multinational firms in developing countries may transform local legal system;

   Effects of 3, American law may also exert the "international" mechanism.

 

Two, globalization

   The globalization of law means China must have an ability to use common law legal person in the most sophisticated elite team level.

   (a) Chinese promise to WTO

   According to the China promise to WTO, China must continue to relax the lawyer industry market to foreign firms limit. Although the provisions of the foreign law shall not be Chinese legal practice, but left an important gap -- they can provide the relevant laws on environmental impact "China message to foreign lawyers".

   (two) the implementation of the rules China

   In order to realize the promise of WTO, China passed the "Regulations" management representative offices of foreign law firms and "provisions of the Ministry of justice on the implementation of" Regulations on the administration of representative offices of foreign law firms' "

   (three) the impact of globalization on the legal professional

   1, foreign firms now and in the future: from China penetration before joining WTO to now, which has entered the China market channels. The performance China promise of WTO, America firms are not satisfied, they are striving to fully recognize the China.

   Effectiveness of 2, prohibited to provide consulting service Chinese legal ban: from Japan's experience can also foresee any ban China "Regulations" are invalid,, "Not the least trace was found. regulations" expressly permitted to provide relevant China legal environment influence message a will make the ban any slight effect disappear. In a word, the top USA firms will dominate Chinese legal market, China firms even in Chinese legal issues can become the two class citizen.

   (four) influence on a country's

   To the country, Chinese legal professional firms based on USA, losing its cost is the sovereignty and national identity.

 

Three, the response to globalization

   From the Arthus professor and Professor Wigand in the face of the law American of positive and negative two aspects of visual analysis that globalization is not the subjective desire of the transfer, only the active command to America legal system to find the way out. For long-term development, "USA" is China only choice, to defend the legal team, must establish itself to operate in the international arena, this is the lowest of the global policy response.