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Unit outline_

LAWS6852: Doing Business in China

Semester 1b, 2022 [Block mode] - Remote

This unit aims to provide an introduction to the legal and practical aspects of doing business in China. The unit will commence with an overview of the Chinese legal, political and economic system and will then move on to an examination of the system of commercial regulation in China, including contracts, land use, regulation of private and state-owned businesses and Chinese companies and securities laws. The unit will focus on Chinese contract law and the foreign investment regime and the related structuring and regulatory issues related to foreign participation in the Chinese market. Areas covered will discuss the principal issues relating to the establishment of a corporate or other presence in China and the related negotiation process. The unit will conclude with an examination of methods of resolution of disputes arising under contracts entered into in China. More specialized topics which may be covered include intellectual property, labour law, regulation of financial institutions and Chinese investment overseas.

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
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None
Corequisites
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None
Prohibitions
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None
Assumed knowledge
? 

Students who do not hold a law degree from a common or civil law jurisdiction must either have completed or be concurrently enrolled in LAWS6252 Legal Reasoning and the Common Law System before enrolling in this unit

Available to study abroad and exchange students

No

Teaching staff

Coordinator Vivienne Bath, vivienne.bath@sydney.edu.au
Type Description Weight Due Length
Assignment Problem assignment
Problem based assignment will cover all topics
40% Mid-semester break
Due date: 26 Apr 2022 at 12:00

Closing date: 28 Apr 2022
3200 words maximum / 5 days
Outcomes assessed: LO1 LO6 LO5 LO4 LO3 LO2
Assignment Essay
Research essay
60% Week 12
Due date: 18 May 2022 at 12:00

Closing date: 23 May 2022
4800 words / 6 weeks
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6

Assessment summary

Problem Assignment (compulsory) is worth 40% of the final grade for this unit. The Problem Assignment will cover all topics. Students are limited to a maximum of 3200 words; the electronic word count is final. A title page must be included showing the word count (excluding bibliography), and student ID number.

Release Date:  Thursday 21 April noon

Due Date:        Tuesday 26 April noon

 

Research Essay (compulsory) is worth 60% of the final grade for this unit. Students are limited to a maximum of 4800 words; the electronic word count is final. The essay must include a separate bibliography as well as footnotes. A title page must be included showing the word count (excluding bibliography/footnotes), and student ID number.

Release Date:  Wednesday 6 April noon

Due Date:        Wednesday 18 May noon

Assessment requirement to pass a unit of study: A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

  • Completely answers the question.
  • Contains striking originality of approach or analysis.
  • Demonstrates exhaustive or innovative research (where independent research required).
  • Exceptionally well written, structured and expressed.
  • Is otherwise exceptional in some way.

Distinction

75 - 84

  • Completely answers the question.
  • Achieves a critical and evaluative approach to the issues.
  • Content and structure is well organised in support of the argument.
  • Demonstrates extensive research and analysis to support a well-documented argument.
  • Generally well expressed and free from errors.
  • Has a clear structure and is well articulated.

Credit

65 - 74

  • Covers main issues fairly well in answering the question.
  • Contains no significant errors.
  • Demonstrates an attempted critical approach to the issues.
  • Demonstrates reasonably sound research and analysis in addressing the key issues.
  • Has a clear structure and reasonably clear expression.

Pass

50 - 64

  • Identifies the key issues, but does not follow through with a reasoned argument.
  • Contains some significant errors.
  • Displays satisfactory engagement with the key issues.
  • Offers descriptive summary of material relevant to the question.
  • Superficial use of material, and may display a tendency to paraphrase.
  • Demonstrates little evidence of in-depth research or analysis.
  • Adequate expression.
  • Demonstrates the minimum level of competence and satisfies the requirements to proceed to higher-level studies.

Fail

0 - 49

  • Does not answer the question.
  • Contains significant or numerous errors.
  • Few or no identifiable arguments.
  • Content that is inappropriate or irrelevant.
  • Lack of research or analysis.
  • Difficult or impossible to understand through poor grammar, expression or structure.
  • Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

There will be no simple extensions granted. A student who finds him or herself in difficulties should apply for special consideration. The late submission of the Problem Assignment, which has not been granted a special consideration extension, will receive a grade of 0% (zero) if it is not submitted on time. The late submission of the Research Essay, which has not been granted a special consideration extension, will attract a penalty of 6 marks per calendar day or part thereof.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

WK Topic Learning activity Learning outcomes
Ongoing 1. Introduction to Doing Business with China; 2. Trade with China; 3. Structural and regulatory issues related to Chinese business and operations Seminar (8 hr) LO1 LO3 LO4 LO6
4. Structural and regulatory issues (continued); 5. Intellectual Property and Technology Licensing Seminar (8 hr) LO1 LO2 LO3 LO4 LO6
6. Dispute resolution in China; 7. Corporate governance and related issues Seminar (8 hr) LO2 LO4 LO5
8. Regulation of foreign investment; 9. Investment; 10. Chinese outbound investment Seminar (8 hr) LO2 LO3 LO4 LO5 LO6

Attendance and class requirements

Attendance: All students are required to attend 70% of live classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance requirements may be satisfied by in person and/or online attendance as specified by the Unit Coordinator. Failure to meet this requirement may result in a student being precluded from sitting the final assessment.
For units offered in Intensive mode, participation in all scheduled sessions may be expected by a Unit Coordinator in order to satisfy the requirements of the unit.

Word count penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 2 marks for every 100 words, or part thereof, over the limit.

Referencing: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

Books

The law library has a number of books relating to Chinese law. These provide useful background information concerning the development of Chinese law. The library has also acquired a number of books which were published recently and are therefore quite up to date in terms of Chinese law and developments in the period since 2001 (when China acceded to the World Trade Organisation and started to make substantial changes to its legal regime to satisfy its WTO obligations). When using books written on Chinese law, however, you must always check when the book was written, and find out whether there have been changes to the laws referred to in the book since it was published. Chinese law changes very rapidly, particularly in the commercial area. In particular, you should be very careful to check the dates of publication of any books in the foreign investment and commercial area. Check all legal references in CCH or China Law and Practice.

 

General comments on research

There are considerable amounts of material available on Chinese law in the English language.  However, it can be difficult to locate and students will therefore need to be prepared to spend time searching through databases and libraries to find the material for their research papers.  You need to be highly selective in doing research, particularly online.  Look for reports from reputable sources, and check to ensure that the documents provide adequate citations to their sources.  China and Chinese policies can be controversial subjects, and you should be careful when relying on websites and authors who are driven by a particular agenda.

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. Demonstrate a reasonable understanding of the structure and content of the Chinese legal system and its application to investment and other forms of participation in the Chinese trading system, and the ability to apply and continue to develop the expertise gained in the course.
  • LO2. Demonstrate an understanding of the major issues involved in choosing a method of entering into business transactions in China and the primary legal and practical issues arising when doing business in China and with Chinese companies.
  • LO3. Demonstrate some understanding of how to conduct research in the area of Chinese law, including, through the use of problem questions and scenarios in the course, the ability to respond effectively and creatively to issues that arise in relation to business in China and with Chinese companies.
  • LO4. Demonstrate an understanding of the interaction of legal and non-legal issues in the context of Chinese law and the ability to work effectively in applying this understanding.
  • LO5. Demonstrate a reasonable proficiency in advising how certain core aspects of Chinese law apply to fact situations.
  • LO6. Demonstrate an understanding of ethical and professional issues that may arise for Australian and overseas investors in the context of overseas operations, and the ability to advise effectively on these issues.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

No changes have been made since this unit was last offered.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

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