units

LAW4252

Faculty of Law

18 September 2017 27 April 2024

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This unit entry is for students who completed this unit in 2016 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.

Monash University

6 points, SCA Band 3, 0.125 EFTSL

Undergraduate - Unit

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

Faculty

Law

Offered

Clayton

  • Second semester 2016 (Day)

Synopsis

This unit aims to provide students with a basic understanding of Chinese legal institutions. There will be focus not just on the law itself, but also on matters of legal culture, politics, economics, institutional design, and other matters that effect the development and operation of the law. In addition, by way of specific examples, the unit examines contract law and company law in China in some detail. This will be of particular interest for students who wish to understand Chinese law for the purposes of trade and cooperation with Chinese enterprises.

A key element will be on examining the Chinese legal system as an example of one where all legal action is highly politicised and where this is considered proper.

Classes will, where possible, use reports, journal articles or cases as a basis for analysis and discussion.

Outcomes

At the completion of this unit, students will be able to:

  1. Apply a knowledge and understanding of fundamental issues in Chinese law so as to advise on simple specific legal problems and more broadly on matters of general policy ;
  2. Investigate, analyse, and synthesise complex information, concepts and theories in relation to Chinese law and policy
  3. Conduct research into the Chinese legal system to develop understandings of key issues, likely future directions, and current and emerging difficulties and problems;
  4. Examine the concept of law as serving a political function as an instrument of policy, and law as being implemented, through executive and administrative fiats and action, with courts acting in a facilitative role.

Assessment

Class participation: 10%
Assignment (1500 words): 30 %
Take-home examination (3,000 words): 60%

Workload requirements

Minimum total expected workload to achieve the learning outcome for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Dr Weiping He

Prerequisites

(a) For students who commenced their LLB course prior to 2015:
+ LAW1101 Introduction to legal reasoning
+ LAW1104 Research and writing
(b) For students enrolled in the LLB (Honours) course from 2015:
+ LAW1111 Foundations of law
+ LAW1112 Public law and statutory interpretation
+ LAW1113 Torts
+ LAW1114 Criminal law 1
+ LAW2101 Contract A
+ LAW2102 Contract B
+ LAW2111 Constitutional law
+ LAW2112 Property A
(c) For other students:
+ Equivalent introductory units from another university


Co-requisites

For LLB (Honours) students only:
+ LAW3111 Equity
+ LAW3112 Corporations Law