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中巴交流合作集锦Highlights of exchanges and cooperation between China and Brazil

  2019年11月2日至18日,本所主任何友胜律师与高级合伙人高永峰律师远赴巴西,就两国法律交流与经济合作进行了行程紧凑的访问。从这时起,中巴双方律师考虑到中国、巴西之间存在巨大的经济互补性,发展前景未来可期,两国律师大有可为;同时,发展两国律师的友好关系,必将充实中巴两国民间外交的深度和广度,也有助于扩大两国律师业的交流合作。鉴于此,由中巴两国律师发起设立中国巴西律师友好协会水到渠成。
  
  From November 2 to 18, 2019, lawyer He Yousheng, the director of the firm, and lawyer Gao Yongfeng, the senior partner of the firm, went to Brazil to pay a compact visit on Legal exchanges and economic cooperation between the two countries. Since then, the lawyers of China and Brazil have taken into account the huge economic complementarity between China and Brazil, and the development prospects are promising in the future; At the same time, the development of friendly relations between lawyers of the two countries will not only enrich the depth and breadth of non-governmental diplomacy between China and Brazil, but also help to expand exchanges and cooperation between the lawyer industries of the two countries. In view of this, the establishment of China Brazil lawyers Friendship Association initiated by lawyers from China and Brazil is natural.

  在巴西期间,何友胜律师一行多次参加中巴律师友好协会的筹备会议,何律师主持起草了相关的规章制度,获全体与会者好评。在11月16日举办的中巴律师友好协会成立会议上,何友胜律师当选为副主席,负责中国区协会工作;高永峰律师当选为协会副秘书长。来自巴西利亚的苏亚雷斯·伊戈尔律师当选为首任协会主席,费尔南多律师当选为秘书长。协会注册地在巴西利亚,协会成立后将接受有志于促进中巴友好事业的两国律师以个人身份申请加入。
  
  During his stay in Brazil, lawyer He Yousheng and his party participated in the preparatory meeting of China Brazil lawyers Friendship Association for many times. Lawyer he presided over the drafting of relevant rules and regulations, which was highly praised by all participants. At the inaugural meeting of the China Brazil lawyers Friendship Association held on November 16, lawyer He Yousheng was elected as vice chairman to be responsible for the work of the association in China; Lawyer Gao Yongfeng was elected Deputy Secretary General of the association. Lawyer Suarez Igor from Brasilia was elected the first president of the association, and lawyer Fernando was elected the Secretary General. The association is registered in Brasilia. After its establishment, the association will accept lawyers from both countries who are interested in promoting the cause of China Brazil friendship to apply for membership in their personal capacity.

  2020年初, 由于新型冠状病毒肺炎疾病的突然袭来,传播速度飞快,使得国内确诊人数快速增加,需要更多的医务工作者投入到医治患者的工作当中。新型冠状病毒主要是通过飞沫传播,因此民众需要佩戴口罩进行自我防护。由于口罩需求急速增加,现有的口罩数量无法满足社会的需求,这意味着中国在打赢这场疫情狙击战中还面临口罩缺乏的困境。中巴的互动只能暂时在线上完成,与此同时,2020年2月20日,中巴律师友好关系协会的秘书长顾宙祥律师,向中国驻巴西大使馆捐赠500个口罩 ,以表心意。
  
  In early 2020, due to the sudden attack of New Coronavirus pneumonia, the speed of transmission was fast, making the number of confirmed cases increasing rapidly in China. More medical workers needed to invest in the treatment of patients. New Coronavirus is mainly spread through droplets, so people need to wear masks to protect themselves. Due to the rapid increase in the demand for masks, the number of existing masks cannot meet the needs of the society, which means that China is still facing the dilemma of lack of masks in winning the epidemic Sniper War. The interaction between China and Brazil can only be completed online temporarily. At the same time, on February 20, 2020, lawyer Gu Zhouxiang, Secretary General of China Brazil lawyer’s friendly relations association, donated 500 masks to the Chinese Embassy in Brazil to show his gratitude.

  顾宙祥律师是旅居巴西多年的老侨民,一直不忘父亲的教诲,谨记自己是中国人。这次疫情牵动他的心,为表达自己的一点心意,顾律师几经周折为中国驻巴西大使馆捐助500个口罩,祝愿中国早日挺过困境。
  
  Lawyer Gu Zhouxiang is an old overseas Chinese who has lived in Brazil for many years. He has never forgotten his father's teachings and remembered that he is Chinese. The epidemic affected his heart. In order to express his feelings, lawyer Gu donated 500 masks to the Chinese Embassy in Brazil after several twists and turns, and wished China to get through the difficulties as soon as possible.
  
  2020年下半年开始,国内疫情已经得到了良好的控制,但是境外疫情爆发,使得双方的互动交流依旧只能在线上。但是中巴双方克服时差,共话疫情下的劳工问题。
  
  Since the second half of 2020, the domestic epidemic has been well controlled, but the outbreak of overseas epidemic still makes the interaction between the two sides only online. However, China and Brazil overcame the time difference and talked about the labor problem under the epidemic situation.

  该次论坛的举办时间也能说明中巴两国地理距离的遥远,给双方交流带来的不变——鉴于时差相差11个小时,为了兼顾双方,论坛开始时间定在北京时间9月29日早上7点30分,即巴西利亚时间9月28日晚上8点30分。
  
  The time of the forum also shows that the geographical distance between China and Brazil has brought constant impact on bilateral exchanges - in view of the difference of 11 hours between the time difference, in order to take into account both sides, the starting time of the forum is set at 7:30 a.m. Beijing time on September 29, that is, 8:30 p.m. Brasilia time on September 28.
  
  本次论坛的主办方为巴西联邦共和国巴西利亚联邦区律师协会和巴西与中国友好关系律师协会,两家律协联袂组织本次线上论坛说明了,随着中国在国际影响力的提升,包括巴西在内的广大南美洲国家的实务界对与中国展开越来越紧密的交往兴趣越来越浓厚。曾经接待过中国律师访问团的巴西利亚联邦区律师协会副会长克里斯蒂娜一直对华抱有好感,她热情洋溢地表达了希望本次论坛是双方“永久性合作的开头”。
  
  The organizers of this forum are the bar association of the Federal District of Brasilia of the Federal Republic of Brazil and the bar association of friendly relations between Brazil and China. The two lawyers' associations jointly organized this online forum, which shows that with the improvement of China's international influence, the practical circles of the majority of South American countries, including Brazil, are more and more interested in closer exchanges with China. Christina, vice president of the bar association of the Federal District of Brasilia, who once received a delegation of Chinese lawyers, has always had a good impression on China. She enthusiastically expressed the hope that this forum would be the "beginning of permanent cooperation" between the two sides.

  众所周知,席卷全球的新冠疫情尚未平息,巴西确诊病例仍在节节攀升,尚无减缓的迹象,在此情况下,巴西两家律协组织本次论坛要克服的难度可想而知。在筹办期间还遭遇了巴西与中国友好关系律师协会主席伊戈尔·苏亚雷斯感染新冠病毒的突发事件,好在有惊无险,积极治疗后恢复了健康。也因此,受到疾病启发的伊戈尔建议论坛的主题向新冠疫情靠拢,越接近当下社会焦点问题越容易引发与会者的参与热情。
  
  As everyone knows, the COVID-19 that has swept the world has not subsided. The confirmed cases in Brazil are still climbing steadily. There is no sign of slowing down. Under these circumstances, the difficulty of the two Brazil Association of lawyers to overcome this forum is as can be imagined. During the preparation period, he also met with the emergency of COVID-19 and Igor Suarez, chairman of the Brazil China Relations Association. As a result, Igor, who is inspired by illness, suggested that the theme of the forum be closer to COVID-19. The closer to the current social focus, the more likely participants will be involved.
  
  巴西法院体系中特设立有三级劳工法院,以处理劳动争议案件,对这次论坛的重视程度从主要参会人员的身份可见一斑:有巴西利亚联邦区律协德里奥会长,有高等劳工法院高级法官洛伦佐,有中级劳工法院院长助理热尔瓦西奥,有基层劳工法院法官雷纳托等人。
  
  There are three levels of labor courts in the Brazilian court system to deal with labor dispute cases. The importance attached to this forum can be seen from the identity of the main participants: President Delio of the Law Association of the Federal District of Brasilia, senior judge Lorenzo of the high labor court, assistant president of the intermediate labor court Gervacio, judge Renato of the grass-roots labor court, etc.
  
  巴西与中国友好关系律师协会还特别邀请中国驻巴西大使参加本次论坛。杨大使高度肯定两国法律界进行的类似交流互动活动,为了表达对论坛的支持,特别向巴西与中国友好关系律师协会赠送中国国旗用于会场布置。而且,考虑到巴西利亚疫情蔓延的实际情况,中国驻巴西大使馆还向论坛捐赠了400只口罩。
  
  The Bar Association for friendly relations between Brazil and China also specially invited the Chinese ambassador to Brazil to participate in the forum. Ambassador Yang highly affirmed the similar exchange and interaction activities carried out by the legal circles of the two countries. In order to express support for the forum, he especially presented the Chinese national flag to the Bar Association for friendly relations between Brazil and China for the layout of the venue. Moreover, considering the actual situation of the spread of the epidemic in Brasilia, the Chinese Embassy in Brazil also donated 400 masks to the forum.
  
  中方出席的与会嘉宾也皆为业内的劳动法律实务界大咖,用出席会议的上海市律协副会长朱林海的话说,“都是在全国有名的劳工法律专家,能够代表中国劳工法律实务界的实力和水平”。
  
  The Chinese guests attending the meeting were also big experts in the labor law practice field in the industry. In the words of Zhu Linhai, vice president of Shanghai Lawyers Association, who attended the meeting, "they are well-known labor law experts in China and can represent the strength and level of China's labor law practice field".

  2021年3月,上海劲力律师事务所牵头巴西企业在中国上海。普陀投资兴业的营商环境、政策介绍会。
  
  In March 2021, Shanghai Jinli law firm led a briefing on the business environment and policies of Brazilian enterprises investing in Putuo, Shanghai, China.
  
  北京时间2021年3月2日上午7:30,圣保罗时间2021年3月1日晚上9:30。中国和巴西开展了巴西企业在中国上海普陀投资兴业的营商环境、政策介绍会。这次视频论坛已经是我们与巴西开展的第二次跨国论坛。上海劲力律师事务所牵头这个会议的开展,在何友胜主任律师的推动下,此次会议由巴西方作为主会场,在“zoom”会议软件上顺利举行。此次参与会议的发言嘉宾有:AABRACHIN巴西与中国友好律师协会主席Igor Soares;ACDF巴西利亚商业协会主席Fernando Brites;ACDF巴西利亚商业协会秘书长Ana Paula;巴西旅游部部长Vanessa Mendonça;普陀区投资促进办公室副主任陈苗;上海市普陀区工商业联合会副主席、总商会副会长秦小平;中国银行曹杨支行行长陈琦;AABRACHIN巴西与中国友好律师协会副主席何友胜。会议主持人是AABRACHIN巴西与中国友好律师协会主席Igor Soares,会议翻译人员为巴西优秀律师Fernando Gu。
  
  7:30 a.m. Beijing time on March 2, 2021 and 9:30 p.m. Sao Paulo time on March 1, 2021. China and Brazil held a briefing on the business environment and policies for Brazilian enterprises to invest and start business in Putuo, Shanghai, China. This video forum has been the second transnational forum between us and Brazil. Shanghai Jinli law firm led the development of the conference. With the promotion of director lawyer, He Yousheng, the conference was successfully held on the "zoom" conference software with Brasilia as the main venue. Speakers attending the meeting include: Igor soares, AABRACHIN President of the Brazilian and Chinese Friendship Lawyers Association; Fernando Brites, President of ACDF Brasilia Business Association; ANA Paula, Secretary General of ACDF Brasilia Business Association; Vanessa Mendon ç a, Minister of tourism of Brazil; Chen Miao, deputy director of Putuo District Investment Promotion Office; Qin Xiaoping, vice president of Shanghai Putuo District Federation of industry and Commerce and vice president of the General Chamber of Commerce; Chen Qi, President of Caoyang sub branch of Bank of China; He Yousheng, AABRACHIN vice president of Brazil China Friendship Lawyers Association. The moderator of the meeting was Igor soares, President of the Brazilian and Chinese Friendship Lawyers Association, and the translator of the meeting was Fernando Gu, an excellent lawyer in Brazil.

  首先,各位嘉宾与巴西企业代表人入会后,主持人公布会议开始,说明会议宗旨,介绍与会者的姓名与职务。随后Fernando Brites, ACDE巴西利亚商业协会主席欢迎词,表达了巴西与中国合作前景广阔,感谢嘉宾的参与并解释各项来华投资优势政策,并欢迎中国朋友来巴西旅游。
  
  First of all, after the guests and representatives of Brazilian enterprises join the meeting, the host will announce the beginning of the meeting, explain the purpose of the meeting, and introduce the names and positions of the participants. Then, Fernando Brites, President of ACDE Brasilia business association, delivered a welcome speech, expressing the broad prospects for cooperation between Brazil and China, thanking the guests for their participation and explaining various advantageous policies for investment in China, and welcoming Chinese friends to travel to Brazil.
  
  Vanessa Mendonça——巴西旅游部部长为我们带来了两个制作精美的宣传视频,展示了巴西利亚的秀美风景介绍巴西利亚旅游业的现状以及上海劲力律师事务所主任律师何友胜及合伙人律师高永峰访问巴西时的视频合集。
  
  Vanessa Mendonça - the Minister of tourism of Brazil brought us two beautifully produced publicity videos, showing the beautiful scenery of Brasilia, introducing the current situation of Brasilia's tourism industry, and the video collection of He Yousheng, the director lawyer of Shanghai Jinli law firm, and Gao Yongfeng, the partner lawyer, when they visited Brazil.
  
  Ana Paula——ACDF巴西利亚商业协会秘书长紧接着介绍巴西企业到中国投资兴业的优势。
  
  ANA Paula, Secretary General of ACDF Brasilia business association, then introduced the advantages of Brazilian enterprises investing in China.
  
  在巴西方嘉宾结束发言后,首先由上海市普陀区工商业联合会副主席秦晓平致辞,表达上海市普陀区工商联、上海市普陀区总商会非常乐意为中巴经贸交流提供便利和支持,也非常欢迎巴西企业界朋友来上海、来普陀考察、投资。上海市普陀区工商联、上海市普陀区总商会也希望以今天的会议为契机,加强与巴西利亚商业协会等巴西商会机构、政府部门的沟通交流,共商合作、共建平台,为深化两地互利合作、加强海上互联互通、共享发展机遇做出新贡献。普陀区投资促进办公室副主任陈苗对营商环境、产业和财税政策作介绍演讲,介绍了上海为吸引外资不断优化营商环境、中央出台利好政策加强外商投资促进和保护等等。表示上海致力于更高层次扩大开放、聚焦更高质量引进外资,同时更加突出对外资的平等保护以及更加便捷高效的政府服务。中国银行曹杨支行行长陈琦对于外资企业,详细讲解了该银行的产品支持和服务内容以及同于国内企业的信贷品种。并且回答了巴西企业代表人关于利率的提问,这正是企业们关心的重点问题。
  
  After the Brazilian guests finished their speech, Qin Xiaoping, vice president of Shanghai Putuo District Federation of industry and commerce, delivered a speech to express that Shanghai Putuo District Federation of industry and Commerce and Shanghai Putuo District General Chamber of commerce are very willing to provide convenience and support for China Brazil economic and trade exchanges, and also welcome Brazilian business friends to Shanghai, Putuo for investigation and investment. Shanghai Putuo District Federation of industry and Commerce and Shanghai Putuo District General Chamber of commerce also hope to take today's meeting as an opportunity to strengthen communication and exchanges with Brazilian chamber of Commerce institutions and government departments such as Brasilia business association, discuss cooperation and jointly build a platform, so as to make new contributions to deepening mutually beneficial cooperation between the two places, strengthening maritime connectivity and sharing development opportunities. Chen Miao, deputy director of Putuo District Investment Promotion Office, gave an introductory speech on the business environment, industry and fiscal and tax policies, and introduced Shanghai's continuous optimization of the business environment to attract foreign investment, the introduction of favorable policies by the central government to strengthen the promotion and protection of foreign investment, etc. He said that Shanghai is committed to expanding opening up at a higher level, focusing on introducing foreign capital with higher quality, highlighting equal protection of foreign capital and more convenient and efficient government services. For foreign-funded enterprises, Chen Qi, President of Caoyang sub branch of Bank of China, explained in detail the bank's product support and service content and the credit varieties similar to domestic enterprises. And answered the questions of Brazilian enterprise representatives about interest rates, which is the key issue concerned by enterprises.
  
  最后,中国方论坛会议的发起人之一兼嘉宾——巴西与中国友好律师协会副主席何友胜介绍上海商会和巴西利亚商会之间的合作方式和内容以及中国-巴西商事争端的诉讼和非诉讼解决的有关内容,也对工作、家庭签证的办理手续作了介绍,解决巴西企业来华的签证疑虑。
  
  Finally, he Yousheng, one of the initiators and guests of the China Forum, vice president of Brazil China Friendship Lawyers Association, introduced the ways and contents of cooperation between Shanghai Chamber of Commerce and Brasilia chamber of Commerce, as well as the contents of litigation and non-litigation settlement of China Brazil commercial disputes, as well as the handling procedures of work and family visas, Solve the visa concerns of Brazilian enterprises in China.
  
  继上次中巴法律人共话疫情下的劳工问题论坛会之后,这次是上海劲力律师事务所迈出的“第二小步”,我们与巴西律师以及商贸客户的合作会一直继续下去。今天的中国法律人在追求自我中逐步追求更好的服务于建立人类命运共同体,中巴两国互信、互通、互惠、互利的美好意愿,会逐步实现。
  
  This is the "second small step" taken by Shanghai Jinli law firm after the last Forum on labor issues under the epidemic situation between Chinese and Brazilian lawyers. Our cooperation with Brazilian lawyers and business customers will continue. Today's Chinese lawyers are gradually pursuing better services in the pursuit of themselves and establishing a community of shared future for mankind. The good wishes of mutual trust, exchange, mutual benefit and mutual benefit between China and Brazil will be gradually realized.
  
  为有效推进中巴友好律师协会(AABRACHIN)近期多项工作实施进展,协会又于2021年6月30日(巴西利亚时间早晨8:30,北京时间晚间19:30)和2021年7月2日(北京时间早晨8:30,巴西利亚时间7月1日晚间21:30),通过ZOOM平台召开跨国线上工作会议,会议由ACDF巴西利亚商业协会秘书长Ana Paula Guedes女士担任主持人,Fernando Gu博士担任中巴双语翻译,中巴友好律师协会(AABRACHIN)主席Igor Soares律师,副主席何友胜律师,上海劲力律师事务所高级合伙人沈彬律师,高级合伙人高永峰律师与会并发言。
  
  In order to effectively promote the implementation progress of many recent works of the China Brazil friendship Lawyers Association (AABRACHIN), the association held Transnational Online working meetings through zoom platform on June 30, 2021 (8:30 a.m. Brasilia time and 19:30 p.m. Beijing time) and July 2, 2021 (8:30 a.m. Beijing time and 21:30 p.m. Brasilia time), The meeting was chaired by Ms. ana Paula guedes, Secretary General of ACDF Brasilia business association, Dr. Fernando Gu as China Brasil bilingual translator, lawyer Igor soares, chairman of China Brazil friendship Lawyers Association (AABRACHIN), lawyer he Yousheng, vice chairman, lawyer Shen bin, senior partner of Shanghai Jinli law firm, and lawyer Gao Yongfeng, senior partner.

  6月30日的议程讨论了巴西CEUB大学与中国西南政法大学即将共同设立的“中巴法律研究中心”关于中巴法律比较研究中亟待释明的问题,中巴两国律师各抒己见,积极发言,明确分工,确定了双方接下来的工作重点。
  
  The agenda on June 30 discussed the issues that need to be clarified in the comparative study of Chinese and Brazilian laws in the "China Brazil Law Research Center" to be jointly established by CEUB University in Brazil and Southwest University of political science and law in China. Lawyers of China and Brazil expressed their views, spoke actively, clarified the division of labor, and determined the next work priorities of both sides.
  
  7月2日的议程讨论了协会拟在巴西设立调解中心的具体筹备事宜,该调解中心旨在通过中巴两国专业律师的积极介入,对两国之间的跨国法律纠纷进行调解,并寻求巴西国内的司法确认,为两国之间的跨国法律纠纷提供新颖、快捷、有效的化解途径。参会律师各自介绍了各自国家的法律适用规定,并就案件在诉讼和调解两个不同的阶段,代理律师针对可能存在的利益冲突,需要做到审慎回避达成共识。
  
  The agenda on July 2 discussed the specific preparations for the association to establish a mediation center in Brazil. The mediation center aims to mediate transnational legal disputes between the two countries through the active intervention of professional lawyers from China and Brazil, seek judicial confirmation in Brazil, and provide novel, fast and effective ways to resolve transnational legal disputes between the two countries. The lawyers attending the meeting introduced the applicable provisions of the laws of their respective countries, and reached a consensus on the need for lawyers to avoid possible conflicts of interest in the two different stages of litigation and mediation.
  
  经会议商讨,协会将积极推动今年8月开展线上论坛会议,进一步探讨两国间商贸往来中可能涉及的法律问题及相应对策。
  
  After discussion, the association will actively promote the online forum in August this year to further explore the legal issues and corresponding countermeasures that may be involved in business exchanges between the two countries.

  中巴友好律师协会(AABRACHIN)主席采取轮值制,今年11月,协会即将迎来两周岁生日,根据协会章程规定,将由本所主任何友胜律师担任协会主席,届时将召开会议就协会下一年度工作计划展开讨论。
  
  两年以来,尽管疫情肆虐全球,但是中巴双方从未停止过合作交流的步伐,从未停止推进各项工作进程。这些中巴双方为了共同的发展携手并进的篇章一直会被谱写!
  
  The president of the China Brazil friendship Lawyers Association (AABRACHIN) adopts the rotation system. In November this year, the association will celebrate its second birthday. According to the articles of association, he Yousheng, the director of the association, will serve as the president of the association. At that time, a meeting will be held to discuss the work plan of the Association for the next year.
  
  Over the past two years, although the epidemic has ravaged the world, China and Brazil have never stopped the pace of cooperation and exchanges and promoted various work processes. These chapters of China and Brazil going hand in hand for common development will always be written!