LAWS6001 - Chinese Laws & Chinese Legal Systems

Objectives

  • Acquire an overall picture of the modern Chinese legal system.
  • Develop a perception of its unique character by tracing its role through major social epochs and the role of law in a socialist market economy.
  • Examine the concept of law as a political function and the implementation of law, not so much through courts, as through administrative fiats and authority, making law essentially a function of politics and administration.

Content

Chinese legal history; Chinese legal system; criminal law and procedure; constitutional law; civil law and procedure; legal profession; environmental law; contract law; property law; company law; intellectual property law; foreign joint ventures; arbitration and mediation; foreign trade law and taxation law.

The coursework component of the unit is residential and is conducted on the campus of the East China University of Politics & Law in Shanghai, People's Republic of China. Lectures will be given in English in Shanghai by professors from the East China University of Politics & Law. There will also be a visit to a Chinese law firm.

Session

Semester 2 Intensive
24 November - 12 December 2014

The timetable is subject to frequent changes. Please refer to the latest version of the Postgraduate Timetable.


Note: Master of Law and International Development students may undertake this unit as an elective or capstone unit conditional on
(i) students must write an essay that focuses on a development topic and
(ii) that topic being pre-approved by the Unit Coordinator.


Students must register their attendance before enrolling.

Assessment

  • 1 x Two-Hour Exam (30%)
  • 1 x 8,000 Word Research Essay (70%)

Assumed Knowledge

Completion of LAWS6252 - Legal Reasoning & the Common Law System or law degree from a common or civil law jurisdiction

Prohibition

Graduate Diploma students other than Graduate Diploma in Law, LAWS 6857, LAWS 5368 or LAWS 3014 - Introduction to Chinese Law.

This unit is not available to students who have completed a law degree in the People's Republic of China.

Continuing Professional Development (CPD)

You can credit this unit towards Continuing Professional Development (CPD). Units of study that are part of Sydney Law School’s Postgraduate Program meet the necessary Mandatory Continuing Legal Education (MCLE) of the Law Society of New South Wales and the Continuing Professional Development (CPD) requirements of the New South Wales Bar Association. You may complete this unit of study by enrolling on a non-degree basis or on an audit basis only with no assessment via Single Unit Study.

Courses this unit is available in

Master of Laws | Graduate Diploma in Law | Master of Global Law | Master of Law and International Development | Master of Business Law | Master of International Law | Master of International Business and Law