This unit will provide students with an overall picture of the modern Chinese legal system. It will 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. It will 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. The unit will illustrate these perceptions through the study of various legal regimes. Lecture topics may include: Chinese legal history; Chinese legal system; Criminal law and procedure; Constitutional law; civil law and procedure; legal profession; administrative law; contract law; property law; company law; intellectual property law; environmental Law; foreign joint ventures; arbitration and mediation; foreign trade law and taxation law.
Sydney: 2 x 2hr seminars/week for 10 weeks. Shanghai: This unit is undertaken in intensive mode (2 weeks) in China. Teaching takes place in November/December in Shanghai as part of the Shanghai Winter School.
Sydney: 3000wd optional essay (50%) and 1hr exam (50%) or 2hr exam (100%). Shanghai: Tutorial participation (10%) and final 5,500wd essay (90%).
Enrolment in the Shanghai Winter School is by separate application to the Law School.
LAWS3014 or LAWS3068