UNSW Handbook Course - Chinese Legal System (PG)

Chinese Legal System (PG) - LAWS8135


	Faculty: Faculty of Law
	School: Faculty of Law
	Course Outline: See below
	Campus: Kensington Campus
	Career: Postgraduate
	Units of Credit: 6
	EFTSL: 0.12500 (more info)
	Indicative Contact Hours per Week: 2
	Enrolment Requirements:
	Academic Program must be either 9200, 9210, 5740, 9230, 9231 or 5231
	CSS Contribution Charge:Band 3 (more info)
	Tuition Fee:See Tuition Fee Schedule
	Further Information: See Class Timetable

Description

This course is also known as Beijing Winter School (for UNSW Summer enrolment) and/or Shanghai Summer School (for UNSW Semester 2 enrolment).

This is a two-week intensive course held in Beijing and/or Shanghai each year. It provides an introduction into the legal system of the People's Republic of China with particular reference to modern developments in contract and commercial law. China opened up its economy to market forces only in the late 1970s. When it did so, law and the legal system lost the pariah status to which they had been assigned during the Proletarian Cultural Revolution. The course examines the role law is playing in modern China by reference to its historical antecedents. The course examines particular areas of development not only for their own sake but also as indicators of the changing role of law in Chinese society. Areas which are the subject of particular attention include: the elements and institutions of Chinese legal system; the role of law in Chinese society from the perspectives of legal history and philosophy; contract law; intellectual property law; foreign investment law; corporate and securities law; foreign trade law and mediation, arbitration and civil enforcement procedures.

In addition to classroom teaching, there will be field trips to Chinese legal institutions including the Great Hall of the People (the equivalent of the Australian Parliament House), a Chinese court and a Chinese law firm. There will also be some travel activities organised to sites such as the Great Wall, the Forbidden City, the Summer Palace, the Sacred Road, the Temple of Heaven and the Yonghe Lamasery.

LLM Specialisation

to be advised

Recommended Prior Knowledge

None

Course Objectives

To provide students with the general knowledge of the legal system of the People's Republic of China in particular in the areas of foreign-related commercial law
To introduce students to a basic working knowledge of some of the legal institutions and the legal culture of the People's Republic of China
To provide students with an excellent chance to get the first hand knowledge of one of the largest trading partners of Australia in today globalised world

Main Topics

Elements and institutions of the Chinese legal system
Constitutional law
Contract law
Intellectual property law
Foreign investment law
Corporate and securities law
Foreign trade law
Mediation, arbitration and civil enforcement procedures

Assessment

This course will be assessed on a graded basis by a research paper of 6,000 words including footnotes.
Students are required to attend 100% of the classes to qualify for the submission of the research paper.

Course Texts

None. Teaching materials may be provided by the Chinese professors teaching the course in due course.

Resources

Refer to the course outline which will be provided by the lecturer at the beginning of the relevant semester.