Syllabus for Chinese Law From Chenguang Zhao



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Syllabus for Chinese Law From Chenguang Zhao
In order to develop an understanding of contemporary Chinese law and practice, it is imperative to appreciate the social, cultural, political, and historical aspects of Chinese legal tradition. China’s current legal system reflects a number of influences including the culture and deeply rooted philosophies of classical China such as Confucianism, Daoism, and Legalism. China’s legal system is also influenced by external forces such as the extra-territorial privileges exerted under the Treaty System between China and the Western powers which, in effect, forced China to adopt Western legal principles such as the codes of continental European countries.

Chapter one: Philosophical Influences of Chinese Law



  1. Confucianism

  2. Legalism

Chapter Two: The Development of Chinese Law in the History

1. Imperial era

2. Republican China

3. Development after 1949

4. Early years of the People's Republic (1949–1953)

5. Legal system under the 1954 Constitution

6. Legal system under the 1975 Constitution

7 .1978-1981

8.Legal reforms under the 1982 Constitution

Syllabus for Chinese Law from Mingyue Su

Total Credit Hours: 54

Course Credits: 3


Course Synopsis:

In order to develop an understanding of contemporary Chinese law and practice, it is imperative to appreciate the social, cultural, political, and historical aspects of Chinese legal tradition. China’s current legal system reflects a number of influences including the culture and deeply rooted philosophies of classical China such as Confucianism, Daoism, and Legalism. China’s legal system is also influenced by external forces such as the extra-territorial privileges exerted under the Treaty System between China and the Western powers which, in effect, forced China to adopt Western legal principles such as the codes of continental European countries.


To help you develop a basic understanding both the setup of Chinese State and of how lawmaking occurs in China, to provide a broad view of both the progress made in China’s courts in the reform era and also the current challenges facing.

Course Contents:

Chapter one: Philosophical Influences of Chinese Law

1. Confucianism

2. Legalism

Chapter Two: The Development of Chinese Law in the History

1. Imperial era

2. Republican China

3. Development after 1949

4. Early years of the People's Republic (1949–1953)

5. Legal system under the 1954 Constitution

6. Legal system under the 1975 Constitution

7 .1978-1981

8. Legal reforms under the 1982 Constitution

Chapter Three: Sources of Law and Law-making System in China

1. Taxonomy of legislation documents

2. Government Structure in China

3. Law-making system

Chapter Four: Courts in China

1. Supreme Court

2. Role of adjudication committee played in practice

Chapter Five: Supervision from the Media, Party and the People

1. Role of media

2. Role of party

3. People’s congress supervision

Chapter Six: Criminal Justice System

1. Substantive criminal law

2. Criminal procedure

3. Petitioning on Courts

Chapter Seven: Legal Profession

1. Role of lawyers

2. Legal aid
Teaching Method: Lectures and case studies, homework assignments and research report and presentation.
Course Evaluation: Class participation and oral presentation(30%), homework assignments (30%), term paper (40%).
Professor Bios ketch:

Su, Mingyue

Associate Professor, Ph.D.



Email: sumingyue@bnu.edu.cn

Education

2012: Visiting Scholar, China Law Center, Yale University, New haven, U.S.A..



  • 2011: Edwards Fellow, Columbia Law School, New York City, U.S.A..

  • Ph. D. June 2007, China University of Political Science and Law (CUPSL).

  • Ph.D. Candidate Sep.2005—Sep.2007, Waseda University, Tokyo, Japan.

  • Master of Laws, June 2004, China University of Political Science and law.

  • Bachelor of Laws, June 2001, China Youth University for Political Sciences (CYUPS).

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Research Areas

Criminal law, Criminology



Areas of Specialization

Juvenile justice, Juvenile Corrections, Probation & Parole, Community Corrections



Courses Taught

Undergraduate Courses: Criminology, Criminal law, Criminal legal clinic

Graduate Courses: Corrections or Penology, Criminology and Criminal policy,

Legal Negotiation



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Languages

Chinese, English and Japanese


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