Chinese Law and Commerce (LAWS90009)
Graduate courseworkPoints: 12.5Not available in 2023
To learn more, visit 2023 Course and subject delivery.
About this subject
Overview
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This subject has two main dimensions. The first is a general introduction to the Chinese legal system focusing on its development, structure and institutions. This provides an essential underpinning to any foreign lawyer who seeks to engage with China in relation to a specific issue. The second dimension of the course is to focus more specifically on the major spheres in which foreign lawyers interact with the Chinese legal system in relation to commercial transactions, including both corporate and employment law.
The subject teachers aim to shed light on contemporary Chinese law, both on paper and in practice, by discussing examples and case studies that reveal the system in action, and its potential future trajectories.
Principal topics include:
- 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)
- Law and economic reform
- Regulation of fundamental economic and civil relationships including property and contract
- The Chinese legal system and foreign investment environment
- Investment forms and company law
- The Chinese legal response to the social impact of economic reform; the example of employment regulation
- Dispute resolution.
Intended learning outcomes
A student who has successfully completed this subject will have an advanced understanding of, and be able to critically analyse:
- Fundamental aspects of the Chinese legal system, including the distinct nature of Chinese law-making, judicial processes and governmental operation
- The interaction between law and the economic reform process in China
- Practical commercial dispute resolution
- The interaction and different dynamics between policy and commercial laws in China
- The role of lawyers and the importance of enabling foreign lawyers to function effectively as legal advisors in a cross-border context
- Practical case studies relating to business, employment and investment in China.
A student who has successfully completed this subject should also have developed and demonstrated expert skills, including:
- Cognitive, technical and creative skills to investigate, analyse and synthesise complex information, problems and concepts in a cross-jurisdictional context and from a comparative law perspective
- Cognitive skills to demonstrate mastery of theoretical knowledge and to apply that knowledge in the context of commercial transactions in China
- Technical skills to design, evaluate and analyse complex legal structures and issues, as well as communication skills to advise legal and non-legal audiences on such structures and issues.
- Cognitive, technical and creative skills to generate and evaluate complex ideas and concepts in relation to commercial transactions in China at an abstract level, and the ability to translate those abstract ideas and concepts to practical problems
Last updated: 10 November 2023
Eligibility and requirements
Prerequisites
Admission into a Melbourne Law Masters program
OR
Admission into the MC-JURISD Juris Doctor
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
| Description | Timing | Percentage |
|---|---|---|
Option 1: Take-home examination
| 100% | |
Option 2: Research paper on a topic approved by the subject coordinators
| 100% | |
| Hurdle requirement: A minimum of 75% attendance | During the teaching period | N/A |
Additional details
Note: Students must choose assessment from the options listed above.
Last updated: 10 November 2023
Quotas apply to this subject
Dates & times
Not available in 2023
Time commitment details
136-150 hours 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
- Related Handbook entries
This subject contributes to the following:
Type Name Course Master of Commercial Law Course Master of Laws Course Master of Law and Development Course Graduate Diploma in Asian Law Course Master of Public and International Law Course Graduate Diploma in Legal Studies - Links to additional information
- 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.
Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants
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
Last updated: 10 November 2023