Department of Government & International Studies pols 2630 Chinese Legal System Prerequisites



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Department of Government & International Studies
POLS 2630

Chinese Legal System
Prerequisites: nil


Duration/Frequency:

3 hours/week



Credits/Units:

3


Language of Tuition:
English

Number of Contact Hours:

42 (3 X 14 weeks)



Individual Study Time Required:

42 hours (3 X 14 weeks)



Total Assumed Work Load:

6 hours/week





Course Description/Aims and Objectives:
The course aims to introduce students to some of the major areas of the current Chinese legal system and traces their historical and political backgrounds. Major areas covered are constitutional, civil, commercial, administrative and criminal laws, as well as the court system and the legislative process. The Basic Law will be examined in relation to its provisions and its significance to Hong Kong after the change of sovereignty in July 1997.

Intended Learning Outcomes (ILOs) / Competencies:
Knowledge

By the end of this course, students will be able to

  1. Describe characteristic features of the Chinese legal system;

  2. Define constitutional, civil, commercial, administrative and criminal laws of the Chinese legal system; and

  3. Explain the court system and the legislative process of the Chinese legal system.


Skills

By the end of this course, students will be able to

  1. Compare the legal systems of the People’s Republic of China and Hong Kong; and

  2. Source, analyze and summarize differences of the two different legal systems.


Attitudes

By the end of this course, students will be able to

  1. Participate with confidence in tutorial discussions.


Course Content:


  1. Legal Framework




    1. Legal system of the PRC: History and development

    2. Marxist view of law

    3. Constitution of PRC

    4. The making of Chinese law

    5. Economic reforms and legal development




  1. Branches of Chinese Law




    1. Civil law

    2. Commercial law

    3. Administrative law

    4. Criminal law




  1. Comparison Between Chinese and Hong Kong Systems




    1. The system of law courts

    2. The Hong Kong Basic Law



Teaching & Learning Activities (TLAs):


TLAs

ILOs addressed

1. Lectures / Seminars

Students are expected to synthesize a structured overview of the current Chinese legal system development from lectures, discussions and additional recommended readings.



1 to 6

2. Tutorials

Tutorial sessions will discuss critically key aspects of the current Chinese legal system development and their relation to current issues of domestic and international politics. Tutorials may include short presentations, online preparation and/or online follow-up discussions, and discussions of additional readings.



4 to 6



Assessment Methods (AMs):


AMs

Weighting

ILOs addressed

Description of Assessment Tasks

Tutorial Participation and Discussion

20%

1 to 6

Regular attendance and active participation are mandatory. Students develop and demonstrate their skills and knowledge acquired by way of critical discussion.

Assignment(s)

40%

1 to 6

Students are required to make a preliminary presentation or term paper based on the knowledge acquired for the seminars.

Final examination

40%

1 to 6

Students will have to write an essay to demonstrate their understanding of the structure of the current Chinese legal system. The emphasis will be on a critical reflection of these issues in relation to contemporary political debate. The essay topic(s) will be based on students’ critical discussions in the tutorials.


References:
Chen, Albert HY., An introduction to the Legal System of the People’s Republic of China. Butterworths, 2004.
Dobinson, Ian and Derek Roebuck., Introduction to Law in the Hong Kong SAR. Sweet & Maxwell, 2004
Wang, Kui Hua., Chinese Commerical Law. Oxford, 2002.
Syllabus prepared by: Ching Yin CHOW / September 2010





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