Chinese Law

This subject has the following teaching availabilities in 2013:

Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.

The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:

• The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
• The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
• The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
• The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
• The ability to work independently and as a part of a group;
• The ability to present orally and in writing legal analysis to a professional standard.

Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact the Disability Liaison Unit: www.services.unimelb.edu.au/disability/

The recent spectacular ‘rise of China’ as an economic and regional power has been accompanied by both major legal change and increased foreign investment. China now exerts significant global influence and is subject itself to the profound influences of globalisation. Despite this, China’s legal system remains unique, particularly as regards its law-making process, its judicial system and the operation of government, all of which reflect the specific local context in which they developed. Taught by an expert in Chinese law, this subject offers insights into law reform in the country that will determine the path of the ‘Asian century’. It focuses on Chinese legal institutions from the centre to the regions; criminal law and human rights issues; and economic reform and the regulation of foreign investment.

Principal topics will include:

• Brief introduction to Chinese legal history
• Institutions of the Chinese legal system (courts, legislatures, government agencies, central and local governments, lawyers)
• Law and economic reform
• Criminal law and human rights issues
• Constitutional issues
• Dispute resolution – formal and informa
• Undertaking research in Chinese law.

A student who has successfully completed this subject should:

• Be familiar with the nature of the Chinese legal system, including the distinct nature of Chinese law-making, judicial processes and governmental operation
• Understand the interaction between law and the economic reform process in China, including its impact on foreign investment
• Be able to conduct research on Chinese legal questions in a manner which reflects awareness of the specific context of Chinese law
• Be able to analyse critically claims about the operation of the Chinese legal system.

Take-home examination (100%) (26–29 July)
or
10,000 word research paper (100%) (4 September) on a topic approved by the subject coordinator

Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Visit the Melbourne Law Masters website for more information about this subject.

This subject is not available as a breadth subject.