LAW 2564 - Selected Issues In Chinese Law

North Terrace Campus - Semester 2 - 2017

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 2
    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 Nengye Liu

    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. Analyse the foundational principles of Chinese law, undertake self-directed legal research at a foundational level, and evaluate legal information;
    2. Apply knowledge of Chinese law to complex problems/ issues, critique the operation of Chinese law from a theoretical/policy perspective, either individually or as part of a team;
    3. Structure and sustain concise and cohesive written and/or oral arguments for a legal/professional/general/mixed audience;
    4. Conduct legal research and analysis and undertake practical legal work at a basic level both independently and cooperatively in a professional/academic environment;
    5. Analyse the impact/operation of Chinese law from policy/comparative/international/interdisciplinary perspectives, and in the context of social and cultural diversity;
    6. Reflect on their abilities to effectively undertake work as a member of a team;
    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)
    Deep discipline knowledge
    • informed and infused by cutting edge research, scaffolded throughout their program of studies
    • acquired from personal interaction with research active educators, from year 1
    • accredited or validated against national or international standards (for relevant programs)
    1,2,3,4,5,6
    Critical thinking and problem solving
    • steeped in research methods and rigor
    • based on empirical evidence and the scientific approach to knowledge development
    • demonstrated through appropriate and relevant assessment
    1,2,3,4,5,6
    Teamwork and communication skills
    • developed from, with, and via the SGDE
    • honed through assessment and practice throughout the program of studies
    • encouraged and valued in all aspects of learning
    2,4,6
    Career and leadership readiness
    • technology savvy
    • professional and, where relevant, fully accredited
    • forward thinking and well informed
    • tested and validated by work based experiences
    4,6
    Intercultural and ethical competency
    • adept at operating in other cultures
    • comfortable with different nationalities and social contexts
    • Able to determine and contribute to desirable social outcomes
    • demonstrated by study abroad or with an understanding of indigenous knowledges
    1,2,4,5
    Self-awareness and emotional intelligence
    • a capacity for self-reflection and a willingness to engage in self-appraisal
    • open to objective and constructive feedback from supervisors and peers
    • able to negotiate difficult social situations, defuse conflict and engage positively in purposeful debate
    6
  • 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

    7

    Foreign investment in China

    8

    The legal profession

    Mid-semester break
    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 Group/
    Individual
    Due Date(s) % Weight Length Redeemable? Course Learning Outcomes
    Class participation Individual 10 No 2,6
    Interim assignment Individual 11 Sep 20 1500 words No 1,2,3,4
    Research essay Individual 18 Nov 55 3500 words No 1,2,3,4,5
    Class presentation Individual 15 3-5 minutes No 2,3
    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 1500 word mid-semester paper. Further details of the interim assignment will be released by/in Week 2.
    Due date: TBA

    Research essay (55%)
    Students must submit a 3500 word research essay. Further details of the research essay will be released by/in Week 4.
    Due Date: TBA

    Research presentation (15%)
    From week 4, students will be scheduled to give a 3-5 minutes presentation on their research topic.
    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
    The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

    The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

    For more information please check out the Writing Centre website at http://www.adelaide.edu.au/writingcentre/  

    Lex Salus Program

    Lex Salus was founded in 2013 by Adelaide Law School Wellbeing officers Ms Corinne Walding, Ms Kellie Toole and Dr Mark Giancaspro. Lex Salus is an initiative of the Adelaide Law School aimed at raising law student awareness of the importance of mental, physical and nutritional health across all year levels of the degree, and of the various counselling, disability and equity services both within and outside the University that can provide help. Research shows that law students, both in Australia and in many jurisdictions around the world, experience the highest levels of stress, anxiety and depression out of any other discipline. Many do not get enough sleep, maintain a healthy diet or achieve a realistic work/life balance. Making matters worse, they are unwilling or afraid to speak up for fear of feeling 'weak' or because of the negative stigma that attaches to seeking help. Lex Salus is dedicated to tackling these problems head-on.

    Counselling Service

    The University Counselling Service provides a free and confidential service to all enrolled students. We encourage you to contact the Counselling service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life. More information is available at https://www.adelaide.edu.au/counselling_centre/
  • Policies & Guidelines

    This section contains links to relevant assessment-related policies and guidelines - all university policies.

    Further information regarding the Law School Policies and Procedures in relation to Supplementary Assessment, Extensions, and Remarks etc can be found at:

    https://unified.adelaide.edu.au/group/law-school/policies-and-procedures 

    Plagiarism and other forms of cheating

    Plagiarism is a serious act of academic misconduct. All students must be familiar with the Adelaide Law School Enrolment Guide and should note in particular the sections relating to plagiarism, grievance procedures and academic conduct within the Law School and the University.

    Plagiarism is a serious matter and is treated as such by the Law School and the University. Please be aware that “academic dishonesty” (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to refuse to admit a person to practice as a legal practitioner in South Australia.

    Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.
  • 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.