Comparative Criminal Justice in Asia (LAWS70415)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
About this subject
Contact information
August
Teaching Staff:
Yali Peng (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
Overview
| Availability(Quotas apply) | August |
|---|---|
| Fees | Look up fees |
The subject is designed to provide an understanding of the intricacies of several criminal justice systems in the Asian region, considering the multifaceted factors that influence their structures and operations. Our topic coverage will include Japan, South Korea, China, Thailand, Singapore, Malaysia, Hong Kong, Taiwan, and other regions, addressing certain aspects of their criminal justice systems.
Criminal justice systems embody the distinctive characteristics of individual jurisdictions. What actions are deemed prohibited and, subsequently, warrant criminal punishment? What forms of criminal penalties are permissible, considering their severity and efficacy (e.g., the death penalty or corporal punishment)? Under what philosophies are criminal cases adjudicated? Is it to ascertain the truth or safeguard human rights? Who presides over criminal cases? Legal professionals or lay individuals? To what extent do cultural and religious beliefs influence the legal framework of a particular jurisdiction? How do colonial legacies impact criminal justice systems in ex-colonial states? The answers to these questions concerning criminal justice systems provide insights into the values and principles of societies. Ultimately, they reveal how societies define evil and administer justice.
This subject aims to explore these issues using a comparative law approach, specifically employing the functional method of comparative law. The instructor will guide students to focus on shared challenges that some jurisdictions confront and must resolve. We will explore the varied approaches these entities adopt to achieve their goals, considering the reasons behind their choices. While this study approach is applicable to criminal justice systems worldwide, this subject concentrates on jurisdictions in Asia.
Indicative list of principal topics:
Legal Traditions and Institutions in Asian Countries
- Overview of legal traditions: Civil law, common law and religious law.
- Development and innovations of law institutions of major Asian jurisdictions, including but not limited to mainland China, Hong Kong, Japan, Korea and Singapore.
Xenophobia and Genocide
- Historical and contemporary cases of xenophobia and genocide in Asia.
- Ten stages of genocide and the potential influence of new media.
Border Criminology and Transnational Crimes in Asia
- Transnational crimes in selected border regions, such as Myanmar-China border region and Thailand-Malaysia border region.
- The relationship between armed conflict and transational crimes, and the role played by important stakeholders.
Approaches to Punishment
- Comparative analysis of sentencing and punishment in Asia: Focus on life imprisonment.
- Philosophical and ethical debates surrounding punishment.
- The impact of international human rights norms and local cultures on national sentencing policies.
Rights of Victims in the Criminal Justice System
- Challenges faced by victims in the criminal justice process.
- Overview of victim rights: Legal frameworks and practical support systems.
- Workshop: Designing improved support systems for victims in Asian countries.
Intended learning outcomes
A student who has successfully completed this subject should be able to:
- Understand and describe the variety of legal traditions and criminal justice institutions in Asia.
- Analyze the causes and consequences of xenophobia and genocide within specific Asian countries.
- Evaluate the challenges and responses to transnational crimes, including but not limited to drug smuggling and human trafficking in the Asian context.
- Compare and contrast different approaches to punishment, with a focus on life imprisonment in Asian countries.
- Critically assess the support systems for victims within the criminal justice system in Asia and propose improvements.
Last updated: 4 March 2025
Eligibility and requirements
Prerequisites
Students must meet one of the following prerequisite options:
Option 1
Admission into a relevant Melbourne Law Masters program
Option 2
Admission into the MC-JURISD Juris Doctor
AND
All of
| Code | Name | Teaching period | Credit Points |
|---|---|---|---|
| LAWS50023 | Legal Method and Reasoning | Summer Term (Dual-Delivery - Parkville) |
12.5 |
| LAWS50028 | Constitutional Law | Semester 2 (On Campus - Parkville) |
12.5 |
| LAWS50034 | Criminal Law and Procedure | Semester 2 (On Campus - Parkville) |
12.5 |
Corequisites
Non-allowed subjects
Recommended background knowledge
Applicants without legal qualifications should note that subjects are taught at an advanced graduate level and requires a thorough background in common law. While efforts are made to meet the needs of students trained in other fields, teaching and assessment activities are designed to give an advanced and integrated understanding of the discipline of law for legal practitioners, learners and researchers.
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: 4 March 2025
Assessment
| Description | Timing | Percentage |
|---|---|---|
Participation and leading class discussions. | Throughout the teaching period | 20% |
Workshop presentation
| During the teaching period | 40% |
Research Paper
| 29 October 2025 | 40% |
| Hurdle requirement: A minimum of 75% attendance | Throughout the teaching period | N/A |
Last updated: 4 March 2025
Quotas apply to this subject
Dates & times
- August
Mode of delivery On Campus (Parkville) Contact hours 34 Total time commitment 150 hours Pre teaching start date 23 July 2025 Pre teaching requirements Please refer to Canvas LMS to check on the pre-class readings and preparatory learning activities before the teaching period commences. Teaching period 20 August 2025 to 26 August 2025 Last self-enrol date 28 July 2025 Census date 22 August 2025 Last date to withdraw without fail 3 October 2025 Assessment period ends 7 November 2025 August contact information
Teaching Staff:
Yali Peng (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Additional delivery details
Please refer to the Melbourne Law Masters enrolment webpage for further information about re-enrolment, subject quotas and waitlists.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
Last updated: 4 March 2025
Further information
- Texts
- Related Handbook entries
This subject contributes to the following:
Type Name Course Master of Commercial Law Course Graduate Diploma in Asian Law Course Graduate Diploma in Government Law Course Master of Laws Course Graduate Diploma in Laws Course Master of Public and International Law Course Juris Doctor - 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 subject coordinator approval is required, or for further information about Community Access Program study, please contact us
- Available to Study Abroad and/or Study Exchange Students
Last updated: 4 March 2025