61063001-Introductions to Chinese Law

发布时间:2023-09-20浏览次数:251

Course Syllabus of Zhongnan University of Economics and Law



Course Title:Introductions to Chinese Law

Course Code

61063001

Semester

Autumn

Teaching Hours

32

Credits

2

Prerequisites

None

Instructor Information

Name

Jian Jisong

Email

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, its 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 countriesdomestic law, besides they can have good command of the difference between different domestic law of different countries.

 

 

 

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.

 

 

 

 

 

 

 

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 %

 

 

 

 

 

 

 

Textbooks and References

 

 

 

LEC, A Comprehensive Course in Legal English, 2011, 2nd Edition, China Legal Publishing House.

 

 

 

 

 

 

Course planning

Chapter 1

Chinese Law Culture and System

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:Definition of Law in China

Topic6:Classification of Law in China

Topic7:The Sources and Validity of Law in China

Topic8:The Legislative Authorities in China

Topic9:Legislative Procedure in China

Topic10:Judiciary in china

 

 

Chapter 2

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   

 

 

 

Chapter 3

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

 

 

 

Chapter 4

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

 

 

Chapter 5

Chinese Civil Law

Topic1:Basic Principles

Topic2:Citizen (Natural Person and Legal Persons)

Topic3:Civil Juristic Acts and Agency

Topic4: Civil Rights

Topic5:Civil Liability

Topic6:Limitation of Action

Topic7:Application of Law in Civil Relations with Foreigners

Topic8:Supplementary Provisions

 

 

Chapter 6

Chinese Civil Procedural Law

Topic1:The Aim, Scope of Application and Basic Principles

Topic2:Jurisdiction

Topic3:Trial Organization

Topic4: Withdrawal

Topic5:Participants in Proceedings

Topic6:Evidence

Topic7:Time Periods and Service

Topic8:Conciliation

Topic9:Property Preservation and Advance Execution

Topic10:Compulsory Measures against Obstruction

Topic11:Litigation Costs

Topic12:Trial Procedure

 

 

Chapter 7

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

 

 

Chapter 8

Chinese Administrative litigation Law (Part I)

Topic1:General Provisions

Topic2:Scope of Cases Which May Be Accepted

Topic3: Jurisdiction

Topic4:Parties

Topic5:Evidence

Topic6:Institutions and Acceptance of Proceedings

Topic7:Trial and Adjudication

Topic8:Enforcement

Topic9:Tortious Liability

Topic10: Foreign-related Administrative Litigation



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