LAW 2564 - Selected Issues In Chinese Law

North Terrace Campus - Semester 1 - 2015

This subject provides a general introduction to the contemporary legal system of the People's Republic of China. Topics covered include the nature and function of law, sources of law, the legislature, the administrative system, the judiciary, the legal profession, and the development of the cilvil, corporate, commerical, and economic legal framework. Select aspects of China's approach towards international law and international relations are also discussed.

  • General Course Information
    Course Details
    Course Code LAW 2564
    Course Selected Issues In Chinese Law
    Coordinating Unit Adelaide Law School
    Term Semester 1
    Level Undergraduate Law (LLB)
    Location/s North Terrace Campus
    Units 3
    Contact Up to 3 hours per week
    Available for Study Abroad and Exchange Y
    Prerequisites LAW 1501, LAW 1504
    Restrictions Available to LLB students only
    Course Description This subject provides a general introduction to the contemporary legal system of the People's Republic of China. Topics covered include the nature and function of law, sources of law, the legislature, the administrative system, the judiciary, the legal profession, and the development of the cilvil, corporate, commerical, and economic legal framework. Select aspects of China's approach towards international law and international relations are also discussed.
    Course Staff

    Course Coordinator: Dr Wendy Ng

    Course Timetable

    The full timetable of all activities for this course can be accessed from Course Planner.

  • Learning Outcomes
    Course Learning Outcomes
    On successful completition of this course a student will have:
    1. knowledge and understanding of the history, development, and current state of the legal system of the People's Republic of China
    2. understanding of the political, economic, and social context in which the Chinese legal system operates;
    3. critical thinking and problem solving skills;
    4. the ability to discuss issues and problems;
    5.  the capacity to analyse, evaluate, and synthesise information from a wide variety of sources and experiences;
    6.  good interpersonal and communication skills in both written and oral communication and independently and as a member of a team;
    7. enhanced written and oral skills in the explanation of analysis and synthesis of legal theories and principles; and
    8.  research skills.
    University Graduate Attributes

    This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

    University Graduate Attribute Course Learning Outcome(s)
    Knowledge and understanding of the content and techniques of a chosen discipline at advanced levels that are internationally recognised. 1, 2, 3, 4, 5, 6, 7, 8
    The ability to locate, analyse, evaluate and synthesise information from a wide variety of sources in a planned and timely manner. 1, 2, 3, 4, 5, 6, 7, 8
    An ability to apply effective, creative and innovative solutions, both independently and cooperatively, to current and future problems. 3, 4, 5, 7
    Skills of a high order in interpersonal understanding, teamwork and communication. 6, 7
    A commitment to continuous learning and the capacity to maintain intellectual curiosity throughout life. 3, 4, 5
    An awareness of ethical, social and cultural issues within a global context and their importance in the exercise of professional skills and responsibilities. 1, 2
  • Learning Resources
    Required Resources
    The following resources must be brought to class every week. They will be referred to continuously:
    1. The Course Guide (an outline of the materials and issues to be covered each week)
    2. The Course Materials set for that week

    Electronic copies of the Course Guide and Course Materials will be made available on MyUni.

    There is no prescribed textbook for this course.
    Recommended Resources
    Books
    Chen, Jianfu, Chinese Law: Context and Transformation (Martinus Nijhoff Publishers, 2008)
    McGregor, Richard, The Party: The Secret World of China's Communist Rulers (Penguin Books, 2010)
    Peerenboom, Randall, China's Long March Toward Rule of Law (Cambridge University Press, 2002)

    Other
    The China Quarterly
    The China Leadership Monitor (http://www.hoover.org/publications/china-leadership-monitor)
    East Asia Forum (http://www.eastasiaforum.org)
    China Daily
    Caijing
    South China Morning Post
    Online Learning
    MyUni will be used to post announcements, additional class materials (such as slides (if used), audio recordings of the lectures (if available), and other materials students are specifically required to read for class), and assessment-related information. Electronic copies of the Course Profile, Reading Guide, and Course Materials will also be available on MyUni.

    Students are expected to check MyUni regularly to keep up to date with these materials and additional learning resources throughout the course. An announcement will be made when additional material is posted.
  • Learning & Teaching Activities
    Learning & Teaching Modes
    This course will be taught in a three hour block. This will include some short lectures, but predominantly involve large and small group discussion and activities in which students will be required to discuss, debate and defend their analysis of the relevant material set in the course readings. It is absolutely critical that students have undertaken the reading before coming to class each week.

    The Reading Guide provides a list of the discussion questions, activities, and problems that will be used in class each week.
    Workload

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    The University expects full-time students (ie those taking 12 units per semester) to devote a total of 48 hours per week to their studies. As this is a 3-unit course, students are expected to devote an average of 12 hours per week to their studies in it, including classes. Students in this course are expected to attend one three-hour lecture each week. In addition, students should allocate time to private study in the course across the 12 week semester – this includes reading the material, preparing for class, working in small study groups, and undertaking the assessment tasks.
    Learning Activities Summary
    Week                    Topic
    1

    Introduction

    2

    The Chinese legal and political system

    3

    Legal and economic reforms in China since 1978

    4

    China and the world

    5

    Constitutional law; administrative law

    6

    Criminal law and human rights issues

    Mid-semester break

    7

    Foreign investment in China

    8

    The legal profession

    9

    Implementing law in China: case study

    10

    Taiwan, Hong Kong, and concepts of sovereignty

    11

    Influence of the West on law reform in China

    12

    Current issues in Chinese law

  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary
    Assessment task                Weighting                 Due date                  Learning outcomes            
    Class participation

    10%

    N/A

    1, 2, 3, 4, 5, 6, 7

    Interim assignment

    20%

    10 April 2015

    1, 2, 3, 4, 5, 6, 7, 8

    Research essay

    70%

    22 June 2015

    1, 2, 3, 4, 5, 6, 7, 8

    Assessment Related Requirements
    All three components of assessment are compulsory. This means that if any of the items of assessment are not undertaken or submitted, the marks assigned for that assessment will be irrevocably lost and the final mark obtainable reduced by that.
    Assessment Detail
    Class participation (10%)
    The rules and expectations for the class participation mark will be released and explained in Week 1. Generally, students will be expected to participate in large and small group discussions and actively contribute to other activities conducted within the lectures. Students must attend 9 out of 12 classes to pass the class participation.

    Interim assignment (20%)
    Students must submit a 1000 word mid-semester paper. Further details of the interim assignment will be released by/in Week 2.

    Due date: 2:00pm on 10 April 2015.

    Research essay (70%)
    Students must submit a 3500 word research essay. Further details of the research essay will be released by/in Week 4.

    Due Date: 2:00pm on 22 June 2015.
    Submission
    All assignments for this course must be submitted electronically through MyUni. Further detailed instructions on how to submit assignments will be provided in the assessment information. Students must retain a copy of all assignments submitted.

    All written work in the Law school is required to comply with The Australian Guide to Legal Citation, which is available at http://www.law.adelaide.edu.au/library/research/.

    Extensions
    Requests for extensions must be made electronically according to Law School policies. Extensions may be granted only for unexpected illness, hardship, or on compassionate grounds according to University policies. Work commitments, travel, holidays, or sporting engagements are not unexpected circumstances.

    Feedback
    The interim assignment for this course will be returned to students electronically within 3 weeks of the submission date. General feedback and individual feedback will be provided on each assignment.

    Late Submission: 5% of the total mark possible will be deducted for every 24 hours or part thereof that it is late, including each day on a weekend. For example, an essay that is submitted after the due date and time but within the first 24 hour period, and that has been graded at 63%, will have 5% deducted, for a final grade of 58%. An essay that is more than 24 hours late will lose 10%, etc. Hard copy submissions made after 5.00pm on a Friday will be assumed to have been submitted on the next business day and will be penalised accordingly.

    Word Length: Assignments which exceed the allocated length (word length or page limit) will be subject to a penalty of 5% of total marks possible per 100 words or part thereof (ie with a word limit of 3,000, an essay graded 63% will have 5% deducted if it is 3001 words long, for a final grade of 58%, 10% if it is 3101 words long, etc). Words are calculated including all footnotes and headings within the text but excluding cover page information. Quotations and all referencing information are included in the word count.
    Course Grading

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    M10 (Coursework Mark Scheme)
    Grade Mark Description
    FNS   Fail No Submission
    F 1-49 Fail
    P 50-64 Pass
    C 65-74 Credit
    D 75-84 Distinction
    HD 85-100 High Distinction
    CN   Continuing
    NFE   No Formal Examination
    RP   Result Pending

    Further details of the grades/results can be obtained from Examinations.

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    Final results for this course will be made available through Access Adelaide.

  • Student Feedback

    The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

  • Student Support
  • Policies & Guidelines
  • Fraud Awareness

    Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.

The University of Adelaide is committed to regular reviews of the courses and programs it offers to students. The University of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.