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Chinese Legal System - LAWS2123
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Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Undergraduate
 
 
Units of Credit: 8
 
 
EFTSL: 0.16667 (more info)
 
 
Indicative Contact Hours per Week: 0
 
 
Enrolment Requirements:
 
 
Prerequisite: LAWS2311 and LAWS2321 and LAWS6210
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

Description

This subject provides students with an introduction into the legal system and culture of the People's Republic of China with particular reference to modern developments in contract, investment and other areas of commercial law. China opened up its economy to market forces barely thirty years ago. When it did so, law and the legal system lost the pariah role under which they had been cast 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 for their own sake but also as indicators of the changing role of law in the Chinese society.

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.

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 subject will be assessed on a graded basis by a research paper of 4,000 words including footnotes.
Students are required to attend 100% of the classes to qualify for the submission of the research paper.

Course Texts

Prescribed
None
Recommended
None

Teaching materials may be provided by the Chinese professors teaching the subject in due course.

Resources

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

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.