Dear Mark,

Re: Written Submissions

Since the hearing of 14 February 2001, we have prepared the Written Submissions in Chinese. I now enclose a copy of the Written Submissions (in Chinese) and I set out below the main points of the submissions for your consideration:-

I. Material Facts

1. On or about [20 August 1999]

2. On or about []

3. …

II. Submissions

(I) The Letter of Commitment is a contract for the provision of intermediary services and intermediary services has to be provided before a claim for remuneration can be made. The Plaintiff has never provided intermediary services and has not adduced any evidence to prove the provision of any intermediary services and accordingly, the Plaintiff is not entitled to any remuneration.

1.

(1) The relevant provisions and the purpose of the Letter of Commitment clearly shows that the nature of the Letter of Commitment is a contract for providing intermediary services.

Clause 1 of the Letter of Commitment expressly provided […]

The above Clause was the crux of the Letter of Commitment and determined the nature of the contract, laid down its purpose and set out the duties and obligations of the Plaintiff. According to Article 125 of Contract Law, the true meaning expressed by a contract shall be “ascertained and determined by the words and expressions used in the contract, the related provisions, the trade practices and the principle of good faith.”

As apparent from the above Clause, the duties and obligations of the plaintiff were [……..] According to Article 424 of Contract Law, a contract for the provision of intermediary services is a contract whereby the intermediary will report to the principal on opportunities for the conclusion of contracts or will provide intermediary services for the conclusion of contracts. In other words, the purpose and features of a contract for the provision of intermediary services are that an intermediary is to report on opportunities for the conclusion of contracts or provide intermediary services leading to the conclusion of contracts with a third party. In light of the definition of a contract for the provision of intermediary services laid down in Contract Law and the purpose and features of the Letter of Commitment, the Letter of Commitment is clearly a contract for the provision of intermediary services.

(2) It is the true intent of the parties that the Letter of Commitment sets out the contractual relationship for the provision of intermediary services and the duties and obligations assumed by the Plaintiff were the provision of intermediary services.

It is apparent from the above analysis that the true intent of the parties was that the Plaintiff was to provide intermediary services. This is also reflected by the matters pleaded in the Statement of Claim. […]

Although there is an issue between the parties as to whether the Plaintiff has fulfilled his duties and obligations, it is common ground between the parties that there was in existence a contract for the provision of intermediary services. It was not until after the submission of the Defence that the Plaintiff’s lawyers discovered that the contract for the provision of intermediary services contained in the Letter of Commitment had contravened the Tender Law and the Plaintiff had never provided the intermediary services contracted for and thus could not adduce evidence to substantiate his case. As a result, the Plaintiff attempted to change his case completely and alleged that the Letter of Commitment was a contract for the provision of consultancy services and not intermediary services. We strongly object to the Plaintiff changing his case for the following reasons:-

(i) the evidence adduced by both parties focuses on the issue of the contractual relationship for the provision of intermediary services detailed in the Letter of Commitment and pleaded in the Statement of Claim which was an expression of intention at the relevant time and should not be altered without sufficient cause;

(ii) the phrase “consultancy services” used in the Letter of Commitment could not alter the nature of the contract which is determined with reference to the words and expressions used in the contract, the related provisions, the trade practices and the principle of good faith explained above.

2.

Article 424 of Contract Law provides that “a contract for the provision of intermediary services is a contract under which the intermediary reports to the client on opportunities for the conclusion of contracts or provides intermediary services for the conclusion of the contracts, and the client pays remuneration to the intermediary.” Article 426 of Contract Law further provides that “a principal shall pay remuneration to the intermediary in accordance with the provisions of the contract upon the intermediary procuring the conclusion of contracts”. By reason of the above stipulations, the services to be provided by an intermediary are the reporting to the principal on opportunities for the conclusion of contracts or the provision of intermediary services for the conclusion of contracts. It is only upon the fulfillment of the above duties and obligations leading to the conclusion of contracts that the intermediary will become entitled to remuneration.

In other words, the intermediary shall, in accordance with the above stipulations, provide the following intermediary services:-

(1) report to the principal on opportunities for the conclusion of contracts; or

(2) provide intermediary services for the conclusion of the contracts.

[]

(3) The Plaintiff carries the burden of proving his fulfillment of the duties and obligations under the Letter of Commitment and has failed to discharge such burden.

[]

As regards the evidence adduced by the Plaintiff, we further submit that:-

(i) [];

(ii) [];

(iii) [].

At any rate, the services provided above do not amount to services within the ambit of a contract for the provision of intermediary services and could at best amount to consultancy services, being services agreed to be rendered pursuant to the Letter of Appointment. Under these circumstances, the Plaintiff failed to render the services required under the Letter of Commitment and would not be entitled to seek payment of remuneration from the Defendant

(II)

As discussed this afternoon, the PRC Court verbally pressed for the early submission of the Written Submissions. Accordingly, I should be obliged if you could please go through this letter carefully and let me know if any amendments should be made to the Written Submissions hopefully by tomorrow so that they can be lodged with the PRC Court on 21 February 2001. I much regret for the urgency but the request of the PRC Court is somewhat unexpected.

Kind regards,

Yours sincerely,

 

第二篇：法律英语写作须知

法律英语写作须知

大家应该知道，英语的学习中，写作是至关重要的，很多人学习英语的时候也经常会为这部分烦恼，那么对于法律英语的学习来说，法律英语写作应该要注意什么呢？或许下面我们介绍的这些知识对于大家的学习和理解都是非常有帮助的。

大家在学习法律英语写作的时候要知道"法律文书如要有效地行使其职能，必须词义准确、文意确切，丝毫不允许词义模棱两可而产生歧义，也丝毫不能容忍因为句子缺乏组织而任人歪曲。在法律文书中，全部内容必须字面化、外部化；这就是说，法律文书所要表达的内容必须全部体现在文字表面，即有一说一，不能有一说半。含蓄表达、深层意义在法律文书中是无立足之地的。对于法律文书未明确表述的内容可以一概不予承认；引申的理解、推理的解释在法律语言中是不能存在的"。

法律英语写作要准确、严谨和庄重很大程度上是由一系列语言要素决定的。书面法律英语在句子类型、句式结构、时态和语态的选择、非谓语动词的使用、代词的用法以及情态动词的使用等方面都有自己的特点。

以上知识或许大家并不完全陌生，因为法律英语的学习也是一门英语学习，只是这样的学习专业性比较强，所以美联英语学习网希望大家在学习法律英语写作的时候根据法律的实际情况合要求来进行有针对性的学习，尤其是根据自己的实际情况针对性学习。