Is Chinese Family Law Progressing?
We now speak with Claudia Ningning Zhao, who speaks on how family law is progressing in China and the difficulties she faces representing her clients.
What has been your biggest family law case achievement at the firm, and what challenges did this case present?
Being an international family lawyer, the biggest achievement for me is that I can settle complicated cross-border family cases where we have to overcome the obstacles in law application and evidence collection, as well as communication with various clients. In the process, co-effort and co-work with lawyers from other jurisdictions concerned is very important. For lawyers, it’s not only a big challenge, it is an achievement and you ought to be proud of yourselves in your practitioner career to beat these difficulties, but it’s helpful to perfect the legal system and judicial practice during such experience, while dealing with the cross-border family cases.
What are the biggest difficulties surrounding child custody in China?
Even though the “Child’s Best Interests Principle” is considered by every country while deciding child issues, due to the differences in domestic laws and judicial practice, the biggest difficulty is how to enforce the decisions ruled by courts from other legal jurisdictions by the actualities in China. But I’m confident that this problem will be settled in the future.
How comprehensive would you say is Chinese Family law for the public? Could it be made more transparent?
In China, the laws regarding family issues are stipulated in Marriage Law of the People’s Republic of China (PRC), as well as its interpretations made by the Supreme Court of PRC, Law of Succession of PRC and its interpretations, while resolving relevant problems and performing the laws and problems occurred in realities. Many opinions or rules made by legislative organs or the supreme court also take important roles. I can say that with the progress of social legality, Chinese family laws are more and more comprehensive for the public to settle legal problems. Generally speaking, I believe the laws are transparent for the public, because more and more interpretations are helpful to clearly understand and settle the legal stipulation in dispute.
How have you seen trends in Family Law change over your years of specialising? Do you think society has warmed to divorce, thus making the legal process a lot smoother?
Generally, in my years of specialising in the family laws, interpretations or opinions on Marriage Law are always being enacted by the legislative organs or the supreme court to settle the problem, where current law is not qualified to settle the dispute. These interpretations and opinions embody and prove the role of laws to settle legal matters in social life and the laws shall be changed with the development of society.
With the increasing of divorce rate and the strengthening of legal awareness of the public, the public are desiring for the perfect legal system to deal with all legal issues they have. So, I believe with the development of society and the enhancement of the public’s legal awareness, it is much smoother for the legal process.
Claudia Ningning Zhao
Partner
Law Firm: Jincheng Tongda & Neal Law Firm
Address: 18F, Jinmao Tower, 88 Century Avenue, Pudong Area Shanghai, the People’s Republic of China
Phone: 86 21 3886 2186
Cell: 86 188 1779 0339
Email: Claudia@familylawcn.com
Web: www.familylawcn.com
Ms. Claudia Ningning Zhao is Partner at Jincheng Tongda & Neal Law Firm which is one of the top and most respected law firms in the People’s Republic of China. Claudia is an eminent expert in international family laws, providing legal service for her clients from all over the world. With over ten years of experience in international family laws, Claudia deals with the cross-border family cases involved in divorce, child custody, asset division, wealth succession and private legal counsel as well as pre or post-marital agreements. In her past over ten years of practice, she published two books at China-Law Press, they are Legal Practice of International Family Cases, and The Lawyer Practice in Civil Litigation. And she also published over 30 professional articles. Exchanging and sharing with practitioners, judges or law professors from various legal jurisdictions at kinds of international conferences including but not limited to IAFL, LAWASIA or the bars and law associations in other jurisdictions is one part of Claudia’s practicing experience.
