Ofsea English Editing

 

“Nowadays, foreign invasion has become the one that exploits China’s legal defects!” This alarm bell rang by Professor Ho who has significantly contributed to the legislation of the Chinese business law and the establishment of the listing rules for HK H-shares has inspired me many times that social development is owing to people’s development. Encouraged by her, I have tirelessly brought my passion in business law into full play by focusing on building legal knowledge foundation, defending my ideas and arguments again and again, and also learning accounting and management concepts in order to better understand these professions and accountants’ works and duties and to better monitor the capital market, etc.

 

“You should get skills from practice” With this advice of Professor Ho in heart, I have broadened my mindset and shifted some of my attention from business law theories to their potential applications in the real world. Take, for example, I complemented my academic coursework with practical internships at Junzejun Law Firm and Simpson Thacher & Bartlett LLP that represent a typical Chinese and foreign law firm with the concentration of IPO, respectively, and that could enable me to compare the differences and similarities between domestic listing and overseas listing.

 

In the former firm, I worked with the corporate team in helping companies navigate through the IPO process, and ensuring that all transactions were compliant with security and business regulations. In less than two months, I was able to independently take charge of projects like the chief lawyer, and obtained many precious opportunities to enjoy the process of helping some traditional Chinese enterprises shake off the old management pattern and ideas by assisting them to transform their organizational structure into what is required by listing rules, and educating their managerial personnel how to operate and manage the company by laws. At Simpson Thatcher & Bartlett LLP, I screened and collected data on the IPO Price-Earning Ratio and industrial distribution of 100 Chinese companies and the resulting profit of every share from the firm’s huge databank. By so doing, I gained a better understanding of the Chinese capital market, corporate law and procedures for overseas listing.

 

On the other hand, it is important to see the other side of the legal system and to better comprehend the Chinese judicial system from the aspects of litigation and adjudgement. Therefore, there came my experience at the People’s Supreme Court. By functioning as a chief judge in administrative tasks and writing case reports, to my surprise, I found there were so many loopholes in China’s legal system. Take, for example, many conflicts couldn’t be referred to any existing law articles. And, many judges lacked the minimum law education or training. What made things even worse was that there were many current governmental policies and commands for the judges to consider. These problems have injected a high degree of subjectivity into the courtroom.

 

Through these different internships, I have also been able to compare and contrast the current state of corporate law in different countries. Over the past twenty years, China’s economy and business market has expanded and evolved at an extremely rapid speed. But the legislature has not been able to keep up. By comparing China’s IPO process with procedures for overseas listing, I found that during an IPO, the Chinese procedure is mainly based on law verification. On the contrary, lawyers play a dominant role in preparing for an overseas corporate listing and especially in providing opinions for the company to avoid or reduce hidden legal risks.

 

As a matter of fact, the legal system in many developed countries are more effective in protecting investors’ interests and require higher regulation and monitoring of all corporate transactions while in China because of the innate defects of the statute law system, cases like Wuliangye Liquor’s false statement are engulfing more and more money of the people. Due to a lack of investor confidence, the problem with the Chinese legal system greatly affects the stability of the Chinese market. Also, from my personal experience at a few other law firms, I found that the problem of the lack of respect and faith in the law is more serious than the problem of the lack of legal infrastructure. As a matter of fact, on many occasions, law seems to have to compromise with the speed and efficiency of the economy. In order to truly improve the Chinese legal system, this is a crucial area of improvement.

 

As part of my work towards my goal of improving the social situation in China, in order to further boost my sense of social responsibility and to better learn about the real world in terms of how urgently it needs improvement, I have participated and led abundant volunteer and charity programs. For example, in 2009, as part of a research and disaster relief team in Tibet, I participated in legal clinic sessions and conducted surveys on the quality of life, and the political and religious perspectives of the local citizens. Also, I collaborated with several schools for migrant workers’ kids to raise funds and the public awareness of underprivileged children. In addition, I have organized several blood drives and donation activities within Tsinghua University in support of various causes.

 

Through these experiences, I have been able to practice and enhance my leadership and communication skills and to see, first hand, the underbelly of the society that is often swept under the rug in an attempt to market economic advancement and idyllic images of progress. The truth is, for those who truly in need, legal aid is limited, is not sought for, and/or is not even trusted. To make matters worse, those exposures have shown me that although lawmakers are responsible for upholding the law, in the current legislative framework, they are often the problem. This got to be changed!

 

Right at this moment, I believe the best way for me to work towards these goals is through further exposure, education and experience. More specifically, I am very much interested in better understanding of the evolution of the American legislative system based on social demands and civil changes. Debatably, the US legislative system has manifested its keeping pace with each civil movement in many respects such as the outcome of Supreme Court cases (e.g. Brown vs. Board of Education of Topeka, Roe vs. Wade, etc.) and policies like Don’t Ask Don’t Tell. By being able to adapt and capture the needs and progress of an evolving society, common law is continuously updated and improved, and thereby it is all the time dynamic and organic, never stuck or limited by outdated social paradigms. From this perspective, I believe that China needs to learn not only how to design an appropriate and advancing legislative system, but more importantly how to reinforce respect and faith in law instead of to merely copy American laws in a simple word-by-word way just like the case of securities law. In my opinion, the best legislative system for a nation is the one that can keep pace with civil movement and can also cater the nation’s particular situation. Therefore, during my future graduate training, I will pay special attention to study American legal thinking. Maybe for China, it’s better to let common law and statute law supplement each other and remedy each other’s deficiency.(is this idea novel and correct? If not, delete it!)

 

With no doubt, my future LLM study, work towards an SJD and research in common law will power me with necessary knowledge and skills on how to bring about change using law as a tool, how to advise policy and law makers so as to move China in a direction that is more democratic and protective of human rights, and how to establish and enforce a modern legal system. Furthermore, I intend to make full use of my work and knowledge to inspire and motivate the next generation by serving as a law professor. “A real professor of law is not only capable of providing valuable advices for law making or guiding legislation issues but also ‘feeding’ more specialists to succeed the odyssey.” I will cherish these words of Professor Ho in the innermost of my heart and will also pass them on. As long as there’re people in every generation who are willing to cultivate those who believe in law’s power for social development, then someday China’s ultimate goal will come true. It all matters about the faith!

 

下文为客户原文：

 

Following completion of my LLM, I intend to work towards an SJD and conduct research work in common law. This will not only equip me with the knowledge foundation I need, but also provide me with an in-depth understanding of how to bring about change using law as a tool. My ultimate goal is to return to China, where I can continue my research with China as the focus. I hope to use my research to advise policy and law makers in how to move China in a direction that is more democratic and protective of human rights. Ideally, I aspire to make my mark on the Chinese legislative system by contributing to the establishment and enforcement of a modern legal system. Simultaneously, I intend to use my work and knowledge to inspire and motivate the next generation by serving as a law professor. Like my role model, Betty, I hope that with each generation, China and the world will continue to become a better, safer, and more harmonious place for all. Considering my goals, I feel that XXX is the perfect fit for me based on the curriculum and program emphasis. If given the chance to attend XXX, I will try my best to leverage my leadership skills to inspire and motivate other students in making the world a better place.

 

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