Chinese Contract Law - Göteborgs universitet · ‐ Sun Zhigang case, Qi Yuling case and Li...

Contract Law plays a crucial role in regulating business transactions between market participants with equal standing by protecting the rights and interests of contract parties, and in promoting the development of market economy in China. This course is intended for international postgraduate students seeking to understand the notions, doctrines and regulations of Chinese contract law. On completion of this course, students should be able to demonstrate an ability to tackle contract problems using doctrines and regulations.

Bio of the Lecturer:

Xiling JIA, Associate Professor, East China University of Political Science and Law; Adjunct Instructor of Executive Masters in Law Program of Wisconsin University School of Law (ECUPL/UW); Executive Director of Financial Law Research Centre of China FTA Research Institute at ECUPL. Past as visiting professor of ASLI (NUS), University of San Francisco School of Law, and Osaka University Graduate School of Lawand Politics. She is currently director of Chinese Banking Law Society, director of Shanghai Banking Law Research Institute, of FTA Law Research Institute, and of Public Health Law Research Institute under Shanghai Law Society. She is also an arbitrator of Guangzhou Financial Arbitration Forum and a member of China Bar Association. Professor JIA holds Ph.D in Law degree from ECUPL and read law in LMU asPh.D candidate sponsored by DAAD sandwich scholarship, LLM degrees from ECUPL and Warwick University (as British Chevening Scholar), and LLB degree from ECUPL.

Main Issues of the Course:

Sources of contract law in China

Contract formation

Enforceability of contract

Contract interpretation

Alteration and Termination of a contract

Contract performance

Breach of Contract

Legal Liability of default of contract

Disputes resolution approaches

Selected classified contracts

Objectives:

A comprehensive knowledge on Chinese contract

law;

Capability to draft contractsand analyze contract

dispute cases;

Skills for conducting legal research in the field.

Chinese Contract Law

by Associate Prof. JIA Xiling Economic Law School, ECUPL Email: [email protected]

Teaching Arrangements (2 credits, 36 teaching hours)

Teaching hours Contents

1‐4 GENERAL INTRODUCTION ‐ Historical development of Chinese contract law ‐ Legal framework and sources of contract law ‐ Contract: definition and classification

5‐8 CONTRACT FORMATION ‐ Offer ‐ Acceptance ‐ Formation of a contract: form, date, place

9‐12 EFFECTIVENESS AND ENFORCEABILITY OF CONTRACT ‐ In general ‐ Effectiveness of a contract ‐ Enforceability of contract ‐ Legal effect of a revoked or voided contract

13‐16 PERFORMANCE ‐ In general ‐ Principles of performance under Chinese contract law ‐ Defenses to nonperformance ‐ System of securing contractual debts ‐ Third parties involved

17‐20 ALTERATION AND TERMINATION OF CONTRACT ‐ In general

Brief Introduction:

Required and recommended reading materials. Students are required to read both statutes, academic articles and/or selected contract cases before each class.

Required reading materials as following will be handed out: (i) Selected chapters from Chinese Business Law (co‐authored by GAO Lingyun and JIA Xiling), 2008 Thomson Reuters/West, ISBN 978‐0‐314‐99478‐3. (ii) A copy of Contract Law of China(in English). (iii) Copies of Interpretations of Contract Law by China Supreme Court.

Recommended reading materials will be listed during the semester, includingcases and articles selected from periodicals and law reviews (in English) for students to better understanding the topics and for those who want to explore further.

Theories and case analyses.This course is intended for international postgraduate students seeking to understand the notions, principles and regulations of Chinese contracts law. Apart from theoretical analysis of the statutes and other legal resources, hypotheticalor practical cases including selected leading cases published by China Supreme are to be discussed in class.

Basic knowledge on Chinese law andcomparative study. Apart from basic theory and doctrines under Chinese contract law, comparative study are also applied during lectures and presentations in order to stimulate students tostudy contract law taking the diversified backgrounds of students into consideration. Students are encouraged to conduct comparative researches based on their respective state and academic backgrounds and to give presentations thereon.

‐ Alteration: Change of terms; Change of parties ‐ Termination: Grounds for termination; Legal consequences

21‐28 BREACH OF CONTRACTS AND LEGAL LIABILITIES In general Breach of Contracts Legal Liabilities

29‐32 SELECTED CLASSIFIED CONTRACTS

33‐36 DISPUTES RESOLUTION APPROACHES

The primary objective of this course is to help students develop a general understanding of the legal and regulatory framework for forming, running, and listing a company in China, as well as major legal and regulatory requirements for corporate governance of listed companies, particularly those aimed at protecting the rights of shareholders and curtaining market misconduct.


Professor of law, East China University of Political Science and Law; LLB and MPhil, Peking University; LLM, Kyushu University (Japan); SJD, University of Toronto. Prior to joining ECUPL, Professor Leng had been an assistant professor at the Faculty of Law, University of Hong Kong from 2007 to 2013. Her specialties are corporate, banking and securities law in mainland China and Hong Kong, as well as comparative corporate governance and law and development. She has held a variety of academic and professional affiliations, including council member of China Securities Law Association, Academic Secretary of the Asian Law and Economics Association, fellow of the Asian Institute of International Financial Law, fellow and founding member of the Institute of Chinese Law at the University of Hong Kong, research advisor on cross‐border listing for the Hong Kong Institute of Chartered Secretaries, and editor of Hong Kong Law Journal.


Concept of business associations and evolution of corporate law regime in China

Corporatization and privatization of Chinese state-owned enterprises (SOEs)

Important provisions and enforcement of Company Law

An overview of China’s stock market: history and development, market players, market structure

Share structure reform (gugai)

Regulation of IPO Public and private enforcement of securities law Corporate governance of listed companies Regulation of market misconduct: false representation, market

manipulation, insider trading Objectives:

To review the legal and regulatory framework for forming and running a company in China, with a focus on major revisions and advances introduced to the PRC Company Law.

To recount the history of China’s SOE reform and evaluate its effects.

To investigate qualifications and procedures for public listing of a company, as well as practices of corporate governance by listed companies, particularly in the aspect of shareholder protection.

To examine the process and effects of share structure reform (gugai).

To review how China’s securities regulators deal with market misconduct.

To identify and critically assess deficiencies and problems in China’s company and securities law regimes.

Chinese Company and Securities Law by Professor LENG Jing Professor of Law International School of Financial Law, ECUPL Email: [email protected]



1‐4 ‐ Introduction to course ‐ Concept of business associations ‐ Evolution of corporate law regime in China

5‐12 ‐ Corporatization and privatization of state-owned enterprises (SOEs) ‐ State assets management ‐ Emergence of private enterprises

13‐16 Company Law: major features and reform 17‐20 An overview of China’s stock market 21‐24 Share structure reform (gugai) 25‐28 Regulation of IPO and delisting 29‐32 Public and private enforcement of securities law 33‐40 Corporate governance of listed companies 41‐48 Regulation of market misconduct 49‐54 ‐ Group presentations

‐ Review of course

Brief Introduction

LEARNING ACTIVITIES The course will be run mainly through lectures and group presentations:

Lectures will be used to introduce background information about laws and regulations covered in the topics, review legal concepts, principles and rules surrounding each of the topics, as well as to examine law enforcement and implementation via case studies.

Group presentations will be used for students to discuss assigned questions relating to topics discussed in the lectures. Types of questions include problem solving and/or short essay. Each question will be distributed by e-mail one week in advance of the presentation date.

LEARNING RESOURCES There is no prescribed textbook. Readings will be distributed to you in hard copy. There may be printing costs to be

borne by you. An important reference book is Jiangyu Wang, Company Law in China: Regulation of Business Organizations in a Socialist Market Economy (Edward Elgar Publishing Inc., 2014), which offers a comprehensive and critical introduction to the law on business organizations in the People's Republic of China. The coverage focuses on the PRC Company Law and the most recent legislative and regulatory developments in the company law landscape in China. Hard copies of relevant chapters will be distributed to you. The other reference book is Leng Jing, Corporate Governance and Financial Reform in China’s Transition Economy (Hong Kong University Press, 2009) which provides a comprehensive and up-to-date review and critique of PRC corporate governance reform, banking reform and securities market development.

ASSESSMENT

Assessment will be based on performance on the following three aspects: Attendance (10%): The University Regulations mandate a minimum of 2/3 in attendance rate for each course, failing

which you will not be permitted to earn credits in this course. You must tick your attendance on a weekly basis.

Group presentation (30%): on an assigned question

Two literature reviews of reading: 1500 3000 words for each review (30% each 60% in total)

This course is a survey of contemporary Chinese public law and legal institutions in China. It will provide an overview of legal system of China, from its cultural basis to the implication for modernization. A major focus of the course will be the ways in which Chinese laws and legal institutions have evolved since the beginning of the reform era in the late 1970s, and the major challenges faced by the legal system today.

Bio of the Lecture:

Mr. Ma holds a Ph.D. in Law Degree from the University of ECUPL. He was also a visiting scholar at the Université de Pantéon Sorbonne (Paris 1), University of San Francisco, Swiss Institute of Comparative Law. His research interests are International Criminal Law, Comparative Law, and Theories on Human Rights.


Chinese Constitutional Law

Chinese Constitution: Preamble

Chinese Constitutional Review

Chinese Criminal Law

Death Penalty in China

Chinese Criminal Procedural Law

Wrongful Cases in criminal matters

Chinese Legal History

Rule of Law in China

Objectives:

A comprehensive knowledge on Chinese Legal

System;

Capability to analyze the national wide famous

cases;


Chinese Legal Systems

by Dr. Ma He Lecturer Criminal Justice Department, ECUPL Email: [email protected]



1‐6 ‐ Introduction ‐ An overview of Chinese Constitutional Law ‐ Understanding the preamble part of Chinese Constitution

7‐12 ‐ Chinese Constitutional Review ‐ Sun Zhigang case, Qi Yuling case and Li Huijuan case ‐ Presentation

13‐18 ‐ Death Penalty in China ‐ Yao Jiaxin case, Li Changkui case, and Nian Bin case ‐ Presentation

19‐24 ‐ Criminal Wrongful Cases in China ‐ She Xianglin case, Nie Shubin case, Zhang Gaoping and Zhang Hui case, and Hu Ge case ‐ Presentation

25‐30 ‐ Chinese Legal History: especially Criminal Wrongful Cases in Late Qing Dynasty ‐ Yang Naiwu case ‐ Presentation

31‐36 ‐ Rule of law in China ‐ Movie selected on Chinese Law ‐ Presentation

Brief Introduction:

Reading material: compulsory and complementary. Before each class, students are required to

finish at least 1‐2 hours compulsory reading for preparing the topics and cases discussed during

the class.

Basic knowledge and debatable questions. The course firstly provides students with basic theory

and knowledge on topics concerned. Besides, debatable questions are raised during the class in

order to stimulate students to fully participate in the class.

Traditional theories and contemporary problems. The course deals with both traditions about

Chinese Law, and contemporary issues, such as death penalty and wrongful cases in criminal

matters, etc.

Case analyses and presentations. Teaching of this course is complemented by 3 to 4 times of

presentations. Apart from introducing their own laws, students are also required to make

comparative studies. This may, on the one hand, improve their research and presentation skills,

and on the other hand, facilitate a comparative study on foreign law in different countries.

As the time when international trade legal regime is going back to fragmentation, WTO as the only multilateral trade institution is facing severe threats. This course is designed to discuss core issues of WTO legal system, including basic principles of WTO, dispute settlement mechanism and China’s involvement in WTO etc., so that students can understand the operation of WTO as an organization and the rationality of WTO law as the world trade order keeper.


Mr. MA holds a PhD in Law Degree from Jilin University. He had been giving lessons to JD students in University of San Francisco as a visiting professor and also a visiting scholar at Macquarie University and Queensland University of Technology. He does research mainly on WTO Law, IP Law and legal issues on Free Trade Zone. He is presently the vice director of trade law center of China FTZ Law Institute.


GATT (Origin of WTO)

Sources of WTO law

Organizational Framework of WTO

Dispute Settlement Mechanism of WTO

Most Favored Nation Treatment (MFN)

National Treatment (NT)

General Exceptions of WTO

Intellectual Property Issues in WTO

WTO and China

Other frontier issues

Objectives:

A comprehensive knowledge on WTO law;

Deep understanding of Non‐discrimination Principles

of WTO;

Capability to analyze the WTO dispute cases;


WTO Legal System

by Dr. MA Le PhD in Law, Lecturer, International Law Department, ECUPL Email: [email protected]



1‐3 ‐ Introduction, methodology ‐ An overview of the evolution of WTO law ‐ Understanding distinctions between GATT and WTO

4‐6 ‐ Legal framework of WTO law ‐ Organizational framework and decision making mechanism of WTO

7‐9 Dispute Settlement Mechanism

10‐13 Most‐Favored‐Nation Treatment

14‐17 National Treatment

18‐21 General Exceptions

22‐25 IP issues

26‐28 China’s Involvement in WTO

29‐36 Presentations and reports on WTO dispute cases (by students, as the final exam)

Brief Introduction:

Reading material: compulsory + complementary. Before each class, students have to finish 1‐2

hours compulsory reading for preparing the discussion during the class. Complementary material

is also available on the official website of WTO. Students may download freely only for the

purpose of study.

Basic knowledge + debatable questions. The course firstly provides students with basic theory

and knowledge on the topic. Besides, debatable questions are raised during the class in order to

stimulate students to not only “learn”, but also “study”.

Traditional theories + contemporary problems. The course deals with both traditional theories

about the WTO law, but also contemporary problems, such as the fragmentation of international

trade law, the impacts of emerging FTAs and China Free Trade Zone issues, etc.

Theories + case analyses + presentations. Apart from training practical skills for analyzing cases,

students are also required to make presentations on WTO dispute cases during the last two weeks

classes. This may, on the one hand, improve their research and presentation skills, and on the

other hand, facilitate a deeper understanding on both procedural and substantial issues of WTO

legal system.

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Basic Chinese is an exclusively practice-oriented course. Its purpose is to help you, the international student studying in China, to understand, speak, and write Chinese, culminating, we hope, in mastering the skills to conduct academic studies in Chinese within the context of a Chinese university. To this end, the course is organized around a dozen topics, such as greetings, description of a school and family, going to the doctor, dining in a cafeteria, completing business transactions in a bank and airline ticket office, expressing personal feelings and preferences, etc., moving progressively from the simple to the more complicated. Along the way, you are strongly encouraged—in fact, required—to participate in practice sessions, in classroom discussions, and in raising questions and / or sharing learning experiences concerning the subject matter at hand. In addition, you are encouraged to talk to native speakers of Chinese on the campus, in the park, at the subway station, or in any other public place, using all the newly acquired words or expressions of Chinese at your disposal. After all, this is how a language is picked up and ultimately mastered. There is, to be sure, no shortcut.

A brief biography:

A graduate from East Tennessee State University and the University of Texas at Austin in the United States, Greg Wang holds a doctorate in linguistics from Shanghai International Studies University. He is currently an associate professor of English at ECUPL. His main research interests include second language acquisition, translation studies, and the philosophy of language.


The Chinese pinyin

Radicals and Chinese characters

Sentence structures

Measure words

Numerals in Chinese

Time expressions

Objectives:

To comprehend spoken Chinese;

To conduct dialogues in Chinese in a variety of

contexts;

To be able to write Chinese characters;

To raise questions using appropriate sentence

patterns;

Basic Chinese Instructor: Greg Wang, PhD, Associate Professor School of Foreign Languages East China University of Political Science and Law Shanghai, 201620, P. R. China Email: [email protected]

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Textbook, reference books, and dictionary Huang, Xiaoying. Comprehensive Course in Chinese（1）Beijing: Higher Education Press, 2010.

(This will be the textbook, TXB.) Fairbank, John King. China: A New History [M]. Cambridge, MA: The Belknap Press of Harvard

University Press, 1992. Xu, Guanghua. A Survey of Chinese Culture. Shanghai: The Twenty-first Century Publishing Group,

2002. Dictionary Department, Institute of Linguistics, Chinese Academy of Social Sciences. The

Contemporary Chinese Dictionary (Chinese-English edition). Beijing: Foreign Language Teaching and Research Press, 2002.

Assignments, quizzes, and exam Throughout the semester, there will be a lot of practice, in and out of the classroom. At the end of

each session, the teacher will assign reading and homework for the following week. You are expected to turn in homework the following week. To check your work, there will be two quizzes spaced over the semester, with prior notice. Finally, there will be an exam at the end of the semester.

Pre‐class preparations. Before the class, students are expected to preview each learning session

and jot down questions that might emerge during the preview. Listening to the relevant sections

on the DVD is strongly encouraged. Study groups are also encouraged. Particularly helpful are

partnerships with Chinese students on the campus for practicing newly learned Chinese words

and expressions. This phase of learning is highly conducive to both the speed and result of your

study.

In‐class performance. There will be a lot of practice, to be sure, both individually and

collaboratively. In the beginning, the course will be conducted mostly in English, but as time goes

on, more Chinese will be used for instruction purposes. Once again, students are expected to

practice, orally and in written form, in the classroom. Your class performance will be counted

toward the final grade for the course.

After‐class review. Three periods of instruction per week are by no means sufficient for

improving your Chinese proficiency. Hence, your timely review and practice of the weekly

sessions is crucial. You are strongly encouraged to form study / practice groups after class so that

you can practice what is learned in class, taking advantage of the bits and pieces of time that are

available. Sustained efforts in this regard will go a long way.

A final word about writing. Previous experience with international students shows that many

(in fact, most) of them rely on Pinyin when learning Chinese. This is not, however, the way to go.

Pinyin, the Chinese phonetic system, plays a facilitating role only in the learning of the oriental

language. To master Chinese, you are still required to recognize and write the characters.

Learning about the right stroke order and knowledge of radicals will help you recognize and

write Chinese characters as well as understanding their meanings.

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1‐3 ‐ Course orientation. Pinyin and numerals in Chinese. Ways to conduct greetings; Expressing your nationality and description of your ethnic identity;

‐ Describing your school, using anaphoric references “这” and “那”.

4‐6 ‐ Learn to ask questions using interrogative pronouns such as “什么” and “哪”; ‐ It’s Friday today: using noun‐predicate sentence and mastering time expressions;‐ Learn about Chinese phonetic knowledge and knowledge of characters, including

stroke order and rules of stroke order.

7‐9 ‐ Describe your family, using the verb “有” and the interrogative sentence with

“几”; ‐ Understand common Chinese kinship terms.

10‐12 ‐ Describe jobs and job locations, using the verb “在” and the pronoun “什么”; ‐ Learn the names of common occupations;

‐ Learn to use “会”, both as a regular verb and as a modal verb.

13‐15 ‐ Shopping at a roadside store, learning to use the verb “要”； ‐ Learn different ways to ask the price of a commodity; ‐ Learn commonly used measure words in Chinese;

‐ Master the usage of “怎么”.

16‐18 ‐ Express personal health: making interrogative sentences with “怎么样”, “好吗”,

“可以吗” or “行吗”;

‐ Learn about the overlapping of verbs and the usage of the word “了”.

19‐21 ‐ To go to a cafeteria or a restaurant: express personal preference by using the

modal verb “想” and the modal particle “吧”;

‐ Learn to distinguish the conjunctions “或者” and “还是”;

‐ Learn to refer to things in general by using “什么”.

22‐24 ‐ Quiz I;

‐ Describe personal habit, using the sentence pattern “是. . . . . .的”；

‐ Distinguish the two adverbs: “就” and “才”； ‐ Learn common words of daily life.

25‐27 ‐ How to get to the nearest airline ticket office: learning how to use words of location;

‐ More on the sentence pattern “是. . . . . .的”;

‐ Distinguish prepositions “从” and “离”；

‐ Learn exclamatory sentences “太. . . . . .了” and “真. . . . . . 啊”.

28‐30 ‐ Learn how to withdraw money in the bank: the use of sentences with serial verbs;

‐ Master the sentence structure: “又......又”；

‐ Learn how to use the modal verb “能”，along with the adverb “正好”.

31‐33 ‐ Compare and contrast: learning to use the word “比”; ‐ Learn to inquire about someone’s physical conditions and provide appropriate

responses: the usage of “不但. . . . . .而且” and “因为. . . . . .所以”；

‐ Learn to use the negative form of the sentence with the word “比”.

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Teaching Arrangements (continued)


34‐36 ‐ Review of previous sessions; ‐ Quiz II.

37‐39 ‐ Chinese characters are so interesting! ‐ Learn to recognize and differentiate semantic and phonetic radicals of Chinese

characters; ‐ Learn to properly use expressions of the present continuous tense in Chinese.

40‐42 ‐ Learn how to use complements of result, as in the case of “完，到，见，好”! ‐ Master how to inquire about others’ interests and talk about your own;

‐ Learn to use the sentence structure “是. . . . . .，不过. . . . . .”.

43‐45 ‐ Time for winter vacation: learn the usage of “该. . . . . . 了”；

‐ Master the use of the auxiliary verbs “应该，必须，and 得”；

‐ Understand the use of the aspect particle “过” and the action‐measure complement.

46‐48 ‐ Master how to inquire about others’ interests and talk about your own;

‐ Learn to use conjunctions such as “即使. . . . . . 也” and “虽然. . . . . . 但

是. . . . . .”; ‐ Understand rhetorical sentences.

49‐51 ‐ General review of the course.

52‐54 ‐ Final exam.

The course is specially designed for overseas students with English as the teaching language. The course will provide an introduction to the development of Chinese legal culture and selectively research into main contents and features for students to have basic but systematic knowledge about Chinese legal culture, which will pave the way for students to further study Chinese law.

Bio of the Lecture:

Prof. WU holds a PhD in Law

Degree from the East China

University of Political Science and

Law. She was awarded Masters

Degree in International Business

Administration by Bournemouth

University, UK and trained in

Business School of Häme

Polytechnic, Finland. Her research

interests are focused on the

regulation of domestic and

international financial markets,

Chinese legal culture and cross-

culture communication.


Chinese philosophy

The development of Chinese legal culture

Traditional Chinese legal concepts

Development of marriage law

Family lineage and inheritance system

Traditional penal system

Traditional contract culture

Chinese Business Culture

Chinese Mediation System

Other frontier issues

Objectives:

To understand the opportunities, challenges, and

problems confronting culture and legal functions

and processes in China and their implications for the

future

To appreciate the cultural diversity of China

Chinese Culture & Chinese Legal Culture by Prof. WU Qiaofang Post-Doctor Researcher and Lecturer, International Law Department, ECUPL Email: [email protected]



1‐4 ‐ Overview of Chinese Culture

5‐12 ‐ The legal history of Traditional China

‐ The legal history of Modern China

13‐20 Autocracy of Chinese Legal Culture and Its Impact

21‐24 Development of marriage law

25‐28 Family lineage and inheritance system

29‐32 Chinese Business Culture

33‐40 Seminars and discussions

41‐44 ‐ Traditional penal system

‐ Traditional contract culture

45‐48 Chinese traditional judicial concepts

49‐54 ‐ Presentations on culture and legal culture (presented by students, as the final

exam)

‐ A comparative study on culture of different countries.

Brief Introduction:


hours compulsory reading for preparing the discussion during the class. Complementary material

is also available on the Cultural China Website. Students may download freely only for the

purpose of study.




Traditional cultures + influence on current society. The course mainly deals with traditional

Chinese culture and legal culture, based on which the influence on current society will be

explored, such as Chinese people’s fear of litigation, relying more on self‐remedy than state power

in settlement of disputes, etc.

Seminars + presentations. Teaching of this course is complemented by 2 to 3 times of seminars,

where students are encouraged to express ideas about the cultural issues and engage in

discussions with the presenters. Apart from that, students are also required to make

presentations on the culture or legal culture of their own countries, during the last two weeks

classes. This may, on the one hand, improve their research and presentation skills, and on the

other hand, facilitate a comparative study on culture of different countries.

The judicial system is a very important part of the whole legal system. The Chinese judicial system has its own characteristics which make it quite different from the judicial systems in other countries. It went through several waves of big changes, and it is now in the process of new reform. The goal of the judicial reform is to make the judicial system more independent, transparent and trustworthy.


Education and Qualifications LL.D. East China University of Political Science

and Law, 2010 LL.M. The John Marshall Law School, 2003 LL.M. East China University of Political Science

and Law, 2003

LL.B. Xinjiang University, 1994 Areas of Expertise Police power and comparative research on policing, comparative research on criminal justice Relevant work experience 2003- present, Associate Professor of Criminology

in ECUPL, 1994-2000, Assistant professor of Criminology in

Xin Jiang Police Academy External Visiting Scholarships, Professorships 2006, Visiting Scholar, University of Manchester 2010-08, Visiting Professor in the Law School of

Case Western Reserve University, USA 2011-05, Visiting Professor in the Law School of

the University of Sydney, Australia


Historical review on Chinese judicial

system

Trial system

Procuratorate system

Police and police power

Criminal investigation

Judicial reform

Legal professionals

Mediation

Comparative study on judicial

system

Objectives:

A comprehensive knowledge on

Chinese judicial system

A deeper understanding on judicial

reform in China

An international view of judicial

system

Chinese Judicial System

By Dr. Xia Fei Associate Professor, School of Criminal Justice, ECUPL Email: [email protected] Office Phone: 62071580



1‐4 ‐ Definition of ‘judicial’ and ‘judicial system’ ‐ Historical review of Chinese judicial system

5‐8 ‐ Courts structure and its reform

9‐12 ‐ Trial organization ‐ Judge ‐ People’s assessor

13‐16 ‐ Reform of criminal procedure

17‐20 ‐ Reform of administrative procedure

21‐28 ‐ Procuratorate and police system

29‐32 ‐ Mediation in China

33‐36 ‐ Field visit

Brief Introduction:

Reading material: Before each class, students have to finish 1‐2 hours compulsory reading for preparing the discussion during the class. The textbook ‘Current Judicial System in China’ edited by Zhang Baifeng( Law Press China, 2007) could be found in university library.




Lectures+ presentations.In each class, the professor will talk about the Chinese judicial system

first, and then the students are required to make presentations on the judicial system of their own

countries.

Classroom studying + field visits. Two field visits will be arranged during the semester, either to

court, law firm or local mediation center. The field visits can offer the opportunities to the

students to see the real practice of judicial system.

At the time when both international investment legal regime and the Chinese foreign investment law are changing, the course is designed to discuss the most frontier issues in the field: the possibility of an international investment treaty, the balance between the protection of investors and the regulatory power of the States, China's discourse power in the field, etc.

Bio of the Lecture:

Prof. Lihong Zhang is a full professor of Civil Law and Roman Law and holder of Ph.d degree in Civil Law and Roman Law of University of Rome “La Sapienza”. He is an expert of Chinese Civil Law, Comparative Law and Roman Law. He is “Maria Curie” Fellow of EU and a visiting professor of Turin University of Italy, National University of Singapore and University of San Francisco (USA). He regularly addresses academic speeches at various leading university in the world, such as Havard University, Georgetown University, UC Berkely, Muester University (Germany), Fribourg University (Switzerland) etc. Currently he is also vice General Segretary of China’s National Society of Civil Law and standing director of China’s National Society of European Law.


Concept and Resources of Civil Law

History of Codification of Chinese Civil Law

Law of Persons

Agency

Limitation of Action

Law of Marriage

Law of Succession

Property Law

Tort Law

Objectives:

A comprehensive knowledge on Chinese Civil Law;

Capability to analyze the dispute cases under

Chinese Civil Law;


Chinese Civil Law

by Prof. Lihong Zhang Director of Roman Law and European Law Research Center, Civil Law Department, ECUPL Email: [email protected]

Syllabus


1‐4 ‐ Introduction, methodology ‐ Concept of Chinese Civil Law ‐ History of Codification of Chinese Civil Law

5‐8 ‐ Resources of Chinese Civil Law ‐ Introduction to Law of Persons ‐ Legal Capacity and Legal Competent

9‐12 Natural Person, Legal Person and Partnership

13‐16 Agency and Limitation of Action

17‐20 Law of Marriage

21‐28 Law of Succession

29‐32 Concept of Property, Ownership and ius in re aliena

33‐36 Acquisition and Transfer of Property

37‐40 Usufructus, Securities Right

41‐46 Concept of tort, tort liability and its exemption

46‐54 ‐ Presentations on Civil Law of different countries and Comparative Study of Civil Law (presented by students, as the final exam)

Brief Introduction:


hours compulsory reading for preparing the discussion during the class.




Traditional theories + contemporary problems. The course deals with both traditional theories

about the Chinese Civil Law, but also contemporary problems, such as the legal capacity of

different legal subjects, the different models of transfer of ownership, the requirement of

marriage and succession etc.

Theories + case analyses + presentations. Teaching of this course is complemented by 2 to 3

times of “Moot Arbitration”. Apart from training practical skills for analyzing cases, students are

also required to make presentations on civil law or commercial law of their own countries, during

the last two weeks classes.

Chinese Contract Law - Göteborgs universitet · ‐ Sun Zhigang case, Qi Yuling case and Li...

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