Course Syllabus of Zhongnan University of Economics and Law
Course Title: Chinese Civil Law | ||||
Course Code | 41063026 | Semester | Semester 2 | |
Teaching Hours | 48 | Credits | 3 | |
Prerequisites | Chinese Constitution | |||
Instructor Information | ||||
Name | DING Hantao | dinght@zuel.edu.cn | ||
Institute | Zhongnan University of Economics and Law | |||
Applicable Object | International Students | |||
Course Objectives |
1. The course introduces important concepts and principles of civil law in China in order to promote student’s awareness of legal system, public policy and legal cultural in China. 2. On completion of the study course, students are capable of demonstrating basic and specialized knowledge and critical understanding of this knowledge of the system of civil rights and their place in Chinese legal system. 3. On completion of the study course, students are able to develop the understanding of the concepts and legal relationships that are essential to Chinese civil law，including sources, objects, subjects, judicial action, representation, and other basic concepts in contract law, property law, tort law, personal rights law. 4. On completion of the study course, students should know the latest development of Chinese civil law, especially the enactment of Chinese Civil Code, and recognize the idea about the rule of law in China.
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Course Description (200 words) |
The course introduces important concepts and principles of private law in China to students from a variety of jurisdictions. The focus is on basic concepts in Chinese Civil Code, including the objects, subjects, judicial action, representation; the essential principles, including the party autonomy, good faith, equality, public order and protection of environment; several important legal relationships, including the contract, property, tort and marriage. Considering the background of students, this course will also focus on concepts and principles in which the differences between the civil and common law systems. It will continue with an assessment of uniting similarities among civil law jurisdictions and (stereo-)typical differences between them and the common law systems. Some International instrument on civil relation will be discussed, including the CISG and UNIDORIT Principles. Cases discussion is the important part of this course. In each chapter, some relevant cases in Chinese courts will be introduced. Students should master the basic methods of legal interpretation and apply them in individual case. Debate will be encouraged in this course.
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Assessment Methods |
The performance in case discussion (30%)
The final essay (70%)
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Textbooks and References | 1. 王利明、王卫国、陈小君：《民法学》，高等教育出版社2017年版。 2. Yuanshi Bu, Chinese Civil Law, Hart Publishing, 2013. 3. Xiaoyang Z., Chinese Civil Law for Business[J]. Torts, 2013. 4. Shiyuan H., Chinese Contract Law and the CISG[J]. Journal of Jinan University (Philosophy & Social Science Edition), 2011. 5. Johnson V R., The Rule of Law and Enforcement of Chinese Tort Law[J]. Social Science Electronic Publishing, 2017. 6. Xi, Chao. Towards a Chinese Civil Code: Comparative and Historical Perspectives[J]. European Business Organization Law Review, 2013.
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Course planning | ||||
Chapter 1 | Explain the purpose and function of civil law and the source of law in China, and the history of Chinese civil law. Topic1: The purpose of civil law Topic2: Source of law Topic3: The basic structure of Chinese Civil Code
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Chapter 2 | The general principles of civil law in China Topic1: Good faith principle Topic2: Equity principle Topic3: Party autonomy principle Topic4: Public order Topic2: Principle of protection of environment
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Chapter 3 | The basic concepts in general provision part in Chinese Civil Code Topic1: Subject in Civil law Topic2: Natural person Topic3: Legal person Topic4: Partnership
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Chapter 4 | Introduce and explain the concept of civil juristic act Topic1: the meaning of civil juristic act Topic2: the validity of civil juristic act
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Chapter 5 | Introduce and explain the agency in Chinese civil law Topic1: the meaning of agency Topic2: agent, principal and third party Topic3: unauthorized agency and apparent agency
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Chapter 6 | Introduce the basic principles and rules in property law Topic1: The difference between civil law system and common law system in property law Topic2: Immovable property and movable property Topic3: Ownership, occupation, transfer and disposition of property Topic4: Security Interests | |||
Chapter 7 | Introduce the basic principles and rules in contract law (Part I) Topic1: The formation of contract Topic2: the validity of contract Topic3: the interpretation of contract
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Chapter 8 | Introduce the basic principles and rules in contract law (Part II) Topic1: The performance of contract Topic2: The breach and relief
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Chapter 9 | Introduce the basic principles and rules in tort law Topic1: The elements of a tort Topic2: Causation Topic3: Liability for tort Topic4: Joint tort
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Chapter 10 | Introduce the basic principles and rules in Family law Topic1: The requirement of marriage in China Topic2：Divorce Topic3: The property and personal rights between spouses
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Chapter 11 | Introduce and explain the conceptual differences between common and civil law jurisdictions Topic1: Legal families and historic background Topic2: Roman law heritage of civil-law jurisdictions Topic3: The different roles of legislation and codification and of cases or jurisprudence in civil and common law
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Chapter 12 | Cases discussion Topic1: A contract case Topic2: A tort case
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