The course will be offered on campus in Winter from 4 July - 15 July 2011.

This course develops in students a critical and socio-legal understanding of the legal system and law in China. The focus is on contemporary character and political, economic-social functions of the law, but the historical construction of the laws and processes and Western influence in the Chinese legal development are also considered. Students should learn to appreciate the similarities and differences between Chinese and Western legal systems. The relation of law and politico-economic system, culture, globalisation and other factors that influence legal outcomes are considered.

The course starts with an historical examination of legal development in China, with a focus on changing perceptions of law and perceived functions of law in society. It then analyses legal development since 1978 in a politico-economic and socio-legal context and, through which, it outlines contemporary roles and functions of law in China. Upon these analyses, the subject undertakes a detailed examination of specific brances of law, including constitutional law, administrative law, criminal and criminal procedure law, civil (contract and property) law, and foreign investment law. The course concludes with an examination of dispute resolution in China.

This is an overview and a first introduction to a specific foreign legal system and aims to provide students with an understanding of:

• Chinese legal tradition and legal culture
• Legal development and legal modernisation in China
• Role and functions of law in China
• Chinese legal system and institutional arrangement
• Fundamental branches of Chinese law
• Methods of dispute resolution and rights protection
• Approaches to undertake further research in Chinese law

It is proposed that there will be two components for assessment:

(1) A short literature review on a specific topic duing the teaching period - 20%

(2) A 3,000 word essay - 80%

The course will be delivered over 36 hours in the Winter session. Students will also be required to complete preliminary reading for the month prior to the start of classes. There will also be a month before the assignment is due.

Completed or completing five LAWS courses at 1000 level

First year law.

Jianfu Chen, Chinese Law: Context and Transformation,, Leiden/Boston: Martinus Nijhoff Publishers (2008)

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