Postgraduate - UnitLAW5437 - The Chinese legal system: A comparative analysis

This unit entry is for students who completed this unit in 2015 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

print version

6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Level	Postgraduate
Faculty	Faculty of Law
Offered	Not offered in 2015

Notes

For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7540

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.

Synopsis

This unit will provide an overview of the Chinese legal system, in particular in the areas of foreign-related commercial law. There will be focus not just on the law itself, but also on matters of legal culture, politics, economics, institutional design and other variables that impact on its operation. The unit will also use China as a case study to develop the skills of analysing comparative legal systems. Cross-cultural thinking is crucial for corporate lawyers to advise effectively on transnational deals and for policy-makers to create strategic international and regional policy solutions.Each class will use a contract, case or high-profile example as basis for analysis and class discussion. A key focus will be on finding objectivity in analysing a legal system when every subject is highly politicised.As this unit provides an overview of the legal system, it will focus on drawing together overarching themes with a view to proving the tools necessary to continue to keep with key changes to China's legal system.

Outcomes

On completion of this unit students will be able to:

Apply knowledge and understanding of fundamental issues in Chinese law with creativity and initiative to new situations in professional practice;
Investigate, analyse and synthesise complex information, problems, concepts and theories in relation to Chinese law and policy using a comparative perspective;
Conduct research into the Chinese legal system to create new understandings of key developments, likely future directions and current and emerging problems based on knowledge of appropriate research principles and methods;
Use cognitive, technical and creative skills to generate and evaluate at an abstract level complex ideas and concepts relevant to the Chinese legal system effectively and persuasively to specialist or non-specialist audiences and peers.

Assessment

Research assignment (3,750 words): 50%
Take-home examination (3,750 words): 50%

Workload requirements

24 contact hours per semester (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements)