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Contemporary Chinese Law and Practice (LAWS70351)
Graduate coursework level 7Points: 12.5Not available in 2020
For information about the University’s phased return to campus and in-person activity in Winter and Semester 2, please refer to the on-campus subjects page.
Please refer to the LMS for up-to-date subject information, including assessment and participation requirements, for subjects being offered in 2020.
Overview
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The recent spectacular ‘rise of China’ as an economic and regional power has been accompanied by both major legal change and increased foreign investment. China now exerts significant global influence and is subject itself to the profound influences of globalisation. The ways in which the Chinese legal system functions are of critical importance to an increasing range of actors both within and outside China. The divergence between law and practice highlights the challenges faced in entrenching the rule of law as a core tool of governance. Taught by a world-recognised expert in Chinese law, this subject offers insights into Chinese law and its reform in the country that will have the most influence on the path of the ‘Asian century’. It focuses on contemporary issues in economic and civil law reform. It provides insights into how the economic regulatory framework is given effect in practice by examining the powers and functioning of Chinese legal institutions from the centre to the region; dispute resolution both formal and informal, criminal law and human rights issues as they impact on commercial relationships.
Principal topics will include:
- Law and economic reform
- Regulation of fundamental economic and civil relationships including property and contract
- Historical context of the current law and practice
- Constitutional issues
- Institutions of the Chinese legal system (courts, legislatures, government agencies, central and local governments and lawyers)
- Dispute resolution—formal and informal
- Criminal law and human rights issues
- Undertaking research in Chinese law.
Intended learning outcomes
A student who has successfully completed this subject should:
- Be familiar with the nature of the Chinese legal system, including the distinct nature of Chinese law-making, judicial processes and governmental operation
- Understand the interaction between law and the economic reform process in China, including its impact on foreign investment
- Be able to conduct research on Chinese legal questions in a manner which reflects awareness of the specific context of Chinese law
- Be able to analyse critically claims about the operation of the Chinese legal system.
Last updated: 10 November 2023
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 10 November 2023
Assessment
Due to the impact of COVID-19, assessment may differ from that published in the Handbook. Students are reminded to check the subject assessment requirements published in the subject outline on the LMS
Description | Timing | Percentage |
---|---|---|
Option 1: Take-home examination | 100% | |
Option 2: Research paper on a topic approved by the subject coordinator
| 100% |
Additional details
Note: Students must choose assessment from the options listed above. If an option contains parts, all parts must be completed if that option is chosen.
Last updated: 10 November 2023
Dates & times
Not available in 2020
Time commitment details
The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.
Additional delivery details
This subject has a quota of 30 students. Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 10 November 2023
Further information
- Texts
Prescribed texts
Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Details regarding any prescribed texts will be provided prior to the commencement of the subject.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Master of Commercial Law Course Master of Public and International Law Course Graduate Diploma in Legal Studies Course Graduate Diploma in Asian Law Course Master of Law and Development Course Master of Laws - Links to additional information
law.unimelb.edu.au
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 10 November 2023