Course Syllabus of Zhongnan University of Economics and Law
Course Title:Foundations of Chinese Law | ||||
Course Code | 41063024 | Semester | 1 | |
Teaching Hours | 64 | Credits | 4 | |
Prerequisites | None | |||
Instructor Information | ||||
Name | Jian Jisong | Jianjisong67@163.com | ||
Institute | Zhongnan University of Economics and Law | |||
Applicable Object | International Students | |||
Course Objectives | Firstly, this curse will establish the foreign students a strong basis of domestic law. As you know the international law is different from the domestic law, but has a lot to do with the domestic law, for example, they are both enacted by the state, when a state is enacting a domestic law, it can’t ignore the existence of international law, and try best not to let its domestic law violate the international law; when it is concluding an agreement, namely a international law file, it may consider its viewpoints of domestic law, and try best coordinate both the articles of international law and domestic law. With regard to the close relationship between international law and domestic law, it’s necessary for a legal student to be familiar with the domestic law including Chinese law. Secondly, let more and more people including the foreign students know and understand china, including Chinese law. In these classes, the lecturers not only introduce Chinese law and but also let the students to prepare the homework including the PPT with which the foreign students have chance to give a presentation to introduce their respective domestic law, and the other students can also ask questions and discuss, in this way the foreign students not only have good idea of Chinese law but also the other countries’ domestic law, besides they can have good command of the difference between different domestic law of different countries.
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Course Description (200 words) | Firstly, This course introduces students to legal history and theory in china and the outline of several main Chinese law including Chinese legal tradition, Chinese legal education, Chinese legal system, the Constitution of PRC, The Criminal Law of PRC, the Civil and commercial Law of PRC, the administrative law of PRC, the three Procedural law of PRC. So, the students must have a good command of these brief contents. Secondly, as a foundation and survey course, this course will covers some courses of practice which mainly refer that the foreign students go to the court to hear trial including criminal case, civil case and administrative case. After finishing the course, the foreign students will have main impression of Chinese law and law system.
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Assessment Methods |
There is no in-term test. The final examination (held during final exam period) is comprehensive. All the contents of the lecture are examinable. Date Weight Attendance 20% PPT presentation every two week 30% Final exam TBA 50% Total 100 %
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Textbooks and References |
LEC, A Comprehensive Course in Legal English, 2011, 2nd Edition, China Legal Publishing House.
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Course planning | ||||
Chapter 1 | Chinese Law Culture Topic1:Chinese Legal Tradition Topic2:Main Characteristics of Traditional Chinese law Topic3:Impact of Traditional Law on Modern China Topic4:Contemporary Chinese Law Department Topic5:Problems Exist in Legal Education in China Topic6:Legal Education Reform in China
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Chapter 2 | Chinese Law System (Part I) Topic1:Definition of Law in China Topic2:Classification of Law in China Topic3:The Sources and Validity of Law in China
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Chapter 3 | Chinese Law System (Part II) Topic1:The Legislative Authorities in China Topic2:Legislative Procedure in China Topic3:Judiciary in china
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Chapter 4 | Chinese Constitution Topic1:General Principle Topic2:The Fundamental Rights and Duties of Citizens Topic3:The Structure of the State Topic4:The National Flag , Emblem and Capital
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Chapter 5 | Chinese Criminal Law Topic1:General Provisions Topic2:The Tasks, Basic Principles Topic3:Scope of Application of the Criminal Law Topic4:Crimes Topic5:Criminal Punishments Topic6:The Concrete Application of Punishments
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Chapter 6 | Chinese Criminal Procedural Law Topic1:General Provisions Topic2: Filing a Case, Investigation and Initiating Public Prosecution Topic3: Trial of the First, Second instance and Supervision Topic4:Execution and Supplementary Provisions
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Chapter 7 | Chinese Civil Law (Part I) Topic1:Basic Principles Topic2:Citizen (Natural Person and Legal Persons) Topic3:Civil Juristic Acts and Agency Topic4: Civil Rights
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Chapter 8 | Chinese Civil Law (Part II) Topic1:Civil Liability Topic2:Limitation of Action Topic3:Application of Law in Civil Relations with Foreigners Topic4:Supplementary Provisions
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Chapter 9 | Chinese Civil Procedural Law (Part I) Topic1:The Aim, Scope of Application and Basic Principles Topic2:Jurisdiction Topic3:Trial Organization Topic4: Withdrawal Topic5:Participants in Proceedings Topic6:Evidence
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Chapter 10 | Chinese Civil Procedural Law (Part II) Topic1:Time Periods and Service Topic2:Conciliation Topic3:Property Preservation and Advance Execution Topic4:Compulsory Measures against Obstruction Topic5:Litigation Costs Topic6:Trial Procedure
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Chapter 11 | Chinese administrative Law Topic1:Definition of Administrative Law Topic2: Administrative Authority and Specific Administrative Acts Topic3:Administrative Review Topic4:Administrative Permissions Topic5:Administrative Coerce Topic6:Administrative Punishment
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Chapter 12 | Chinese Administrative litigation Law (Part I) Topic1:General Provisions Topic2:Scope of Cases Which May Be Accepted Topic3: Jurisdiction Topic4:Parties Topic5:Evidence
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Chapter 13 | Chinese Administrative litigation Law (Part II) Topic1:Institutions and Acceptance of Proceedings Topic2:Trial and Adjudication Topic3:Enforcement Topic4:Tortious Liability Topic5: Foreign-related Administrative Litigation
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Chapter 14 | Practice: listening Trial I Discuss and analyze the case, and draw a conclusion.
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Chapter 15 | Practice: listening Trial II Discuss and analyze the case, and draw a conclusion.
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Chapter 16 | Final exam preparation, All chapters above
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