TE PIRINGA FACULTY OF LAW
Special Topic: PMSA - China 2014
Comparative NZ-China Business Law
Course Outline
1.
Identification of Paper
Paper: LAWS440-14C
This paper carries 10 points
2.
Staffing
Dr Zhixiong Liao
(Convenor)
Phone: Extension 8094
Room: Law G.38
Email: zliao@waikato.ac.nz
[Available by appointment. Please email to arrange a time to meet.]
3.
Description and Structure of Paper
(a) Description of the paper in University Calendar
This course will give an overview of China’s contract, tort and property law in comparison to
prevailing approach in common law nations. The focus will be on comparison of Chinese and New
Zealand law in key business and commercial law areas. The China-NZ Free Trade Agreement will
also be touched upon.
(b) Structure of the Paper
The teaching component comprises a weekly four-hour lecture for six weeks in total (from 10
November 2014 to 19 December 2014). Lectures will be given at the School of Law (Hongkou
Campus), Shanghai International Studies University (SISU). The precise lecture hours and
classrooms are to be determined after consultation with SISU.
There are no tutorials required for this course.
(c) Attendance
Students’ attendance at lectures is compulsory.
4.
Learning outcomes
A student who has completed this course successfully should gain background at an introductory
level, of Chinese law on Contract, Tort, and Property. They should also obtain further knowledge
and skills in comparison of Chinese and New Zealand law in key business and commercial law
areas, especially in understanding the Chinese regulatory framework regarding overseas
investments, import and export, foreign exchange, taxation and the Free Trade Agreement
between the two governments.
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5.
Workload
Students should expect to spend 100 hours in total on this paper. In addition to lecture
attendance, significant time will need to be spent on background and complementary reading.
Students should allow for periods of more-focused research time in the preparation of
assignments.
6.
Required and Recommended Reading
All law students are required to purchase, for use in all law papers, a copy of McLay, Murray &
Orpin, New Zealand Law Style Guide, 2nd edition, Thomson Reuters (2011). This is available from
Bennetts, at an approximate price of $37 incl GST.
Recommended texts:
a) Zhang, Xiaoyang, Chinese civil law for business (Hong Kong: Open University of Hong
Kong Press, c2013) [available on University of Waikato Library as electronic resource].
b) Riccardi, Lorenzo, Chinese Tax Law and International Treaties (Switzerland: Springer
International Publishing, 2013) [available on University of Waikato Library as electronic
resource].
Online resources:
a) Online resources on NZ-China Free Trade Agreement: http://www.chinafta.govt.nz/1The-agreement/2-Text-of-the-agreement/
b) Online resources on Chinese Law: http://www.chinacourt.org/index.shtml [in Chinese]
c) Online
resources
on
Chinese
Investment
and
Foreign
Trade
law:
http://english.mofcom.gov.cn/article/policyrelease/
d) Online resources on NZ overseas investment: http://www.linz.govt.nz/overseasinvestment
Students may also use other textbooks/materials/resources relevant to the topics. Students
attending this course will also receive support from SISU, including access to the Internet and
the library resources generally available to other SISU students.
Further texts may be required, subject to availability from the SISU library.
Course material may also be provided on the paper site on Moodle (http://elearn.waikato.ac.nz),
the University of Waikato’s online learning system. Any such material is provided on the following
terms:
University of Waikato owns the intellectual property rights, including copyright, in and to this site,
or has acquired the necessary licenses to display the material on the site. As a student of the Te
Piringa Faculty of Law, you are granted a limited license to use (access, display or print a single
copy) the material from the papers in which you are enrolled for the purposes of participating in
the paper only, provided the information is not modified. Materials may not under any
circumstances be copied, stored, distributed or provided in any form or method whatsoever to
any third party. Any other use of the material is prohibited. None of the material may be
otherwise reproduced, reformatted, republished or re-disseminated in any manner or form
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without the prior written consent of University of Waikato. To obtain such consent, please
contact the Te Piringa Faculty of Law.
7.
Online support
Online support for this paper is provided via Moodle.
8.
Assessment
a)
Requirements for assessed work
Te Piringa Faculty of Law procedures for the presentation, submission and referencing of course
work are set out in the Te Piringa Faculty of Law Undergraduate Handbook @ p.51 which is
available from http://www.waikato.ac.nz/law/undergraduate. See also page 66 on plagiarism.
Also refer to paragraph 12 in this document.
Assignment resources are available online at http://www.waikato.ac.nz/law/student/
b)
Coursework: Final Examination Ratio: 100:0
c)
Assessment Components
Component
Active Participation
Research Proposal
Presentation
Research Essay
Percentage of overall mark
5%
10%
10%
75%
Due date
N/A
12 December 2014
Classes in the final week
16 January 2015
Active Participation consists of engagement in in-class discussions and other engagements,
which carries 5% of the final mark.
The proposal, which carries 10% of the final mark, is designed to encourage students to choose
a research topic early and begin research. It also allows the lecturer to make sure the topic is
suitable given the criteria and the material, and time available, enabling early feedback. The
proposal should include information on the research question, a brief statement which sums up
what the paper will address and outlines the purpose and general direction of the research, a
list of the core issues and a reference outline of major sections of the research essay, and an
annotated bibliography.
The presentation carries 10% of the final mark. The student will present in class his/her ideas
and progress of the research based on the research proposal submitted. The purpose of the
presentation is to give an opportunity for the lecturer and classmates to make comments and
critiques on the research proposal and/or the arguments/submissions presented, which will
help the student develop and more deeply engage with the research question. Presentations
will take place in the classes in the final week. The timing of presentations will allow
approximately five minutes for each student, but will be adjusted based on the number of
students enrolled. Students may use Powerpoint or other or no technology at all. Timing
however will be strictly enforced.
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The research essay will be 4,000 words (inclusive of footnotes but exclusive of bibliography).
The coursework must be typed or word processed and presented following the New Zealand Law
Style Guide (2nd edition) and a bibliography must be furnished with each essay submitted.
Students are expected to choose/formulate their own research topics/questions related to any of
the topics covered in the course. A list of possible research topics/issues will also be available for
students’ convenience in selecting/formulating their research topics/questions.
d)
Handing in, marking time and collection
All assignments must be submitted electronically through Moodle (http://elearn.waikato.ac.nz).
See
Te
Piringa
Faculty
of
Law
Undergraduate
Handbook,
available
at
http://www.waikato.ac.nz/law/undergraduate. It is the policy of Te Piringa Faculty of Law to
return marked work to students within five weeks of submission.
If you require assistance with Moodle, or encounter any problems, please contact the Help Desk.
You can send a message to Help Desk by using the instant message service in your paper (from
the participants list within the People block). Alternatively, you can email them directly at
help@waikato.ac.nz or call 838 4008.
e)
Measurement of Achievement
Achievement in examinations and tests will be measured primarily in terms of levels of
understanding and knowledge gained. Achievement in assignments will be measured also in
terms of fluency and accuracy of expression and referencing.
Major deficiencies in structure, style, grammar and spelling will result in lower marks.
f)
Management of assessment deadlines, process for requesting extensions and special
consideration, and for appeals
(i)
Extensions
Students are required to complete and submit all internal assessments by specified dates. The
meeting of deadlines is a mark of professionalism and its enforcement is essential for fairness to
all students taking the paper. Handing in course work on or before the due date also facilitates
the timely return of marked work by academic staff. Students should meet requirements as to
time deadlines for course work, or make a request for an extension or special consideration in
appropriate circumstances (see Undergraduate Programmes Manual available from the School of
Law Undergraduate website http://www.waikato.ac.nz/law/undergraduate/). Failure to comply
with requirements as to the time deadlines for internal assessment without having successfully
applied either for an extension or special consideration with supporting evidence before the due
date will result in deduction of 2.5 marks for each day the work is late. Lateness of more than a
week may result in the work not being marked. No deadlines may be extended beyond two
weeks after the last teaching day of the semester(s) in which the paper is taught as final grades
must go to the Board of Examiners at this time. Unless an extension in writing has been granted,
a lecturer may refuse to accept a piece of work which is submitted after the specified date, and
automatically award it no mark, or may lower the mark as a penalty for lateness.
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Applications for extension, on the form obtainable from the Law Reception, must be submitted to
the Chief Examiner or nominee. Students should not submit the extension form to the lecturer,
nor should students seek extensions from the lecturer via other forms of communication.
Extensions will be granted only on evidence of illness, family bereavement, or serious personal
accidents or circumstances. Please note that too many assignments due at the same time is NOT
an acceptable reason, neither are claims that computers and/or printers have crashed. Account
will be taken of the time in which the student has had to complete the internal assessment before
the intervening event occurred. It will be important to consider if the grant of the extension will
give the student in question an unfair advantage over other students. A maximum period of 14
days will be given as an extension unless there are exceptional circumstances. In determining
applications the Chief Examiner or nominee may consult with the Convenor or lecturer of the
relevant paper.
When the Chief Examiner or nominee has made a decision on the application for extension, the
nominated Administrative Assistant will advise the student of the decision by email. Following
this, the extension form will be given to the relevant lecturer who will retain it until after the
assignment is marked and returned to students. The form will then be placed on the student’s
file. It should be noted that if an extension of longer than 14 days is granted, the assignment will
not be automatically printed out and delivered to the lecturer, therefore the lecturer is
responsible for ensuring the assignment is printed. In appropriate cases, when a student’s
application for extension is declined the Chief Examiner or nominee will inform the student of the
process for applying for special consideration.
ii)
Special Consideration
The Assessment Regulations 2005 as set out in the University Calendar 2014 list in detail the
university-wide policies and procedures, which apply concerning missed examinations, impaired
performance or impaired preparation time for an examination, and missed or impaired course
work. Students are responsible for ensuring that they comply with these regulations. Application
forms for special consideration for internal assessment are available from law reception.
iii)
Appeals (University Calendar 2014, Assessment Regulations 2005, Reg. 24)
A student may appeal against any decision taken under these regulations.
An appeal, comprising a written statement of the circumstances of the appeal, together with
supporting evidence if available, must be submitted by the student in writing to the Head of
Student & Academic Services not more than seven days after the date on which notification of the
relevant decision is received.
Appeals under this section are considered and decided by the Deputy Vice-Chancellor by
delegated authority of the Academic Programmes Committee.
A decision by the Deputy Vice-Chancellor is notified in writing, and is final.
iv) No electronic devices are allowed in any internal test or exams.
v) If you wish to submit your Internal Assessment in Mãori, you need to obtain an application
form from the Law Reception at least 14 days before the assessment is due.
vi) If you wish to apply to write your official exams in Mãori, you need to complete the official
application form from the University’s Assessment Office.
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(refer to the Policy on the Use of Mãori for Assessment in the University Calendar)
9.
University Calendar Regulations and Policies
Your attention is drawn to the following regulations and policies, which are published in the
University Calendar 2014:
Assessment Regulations 2005
Student Discipline Regulations 2008
Computer Systems Regulations 2005
Policy on the Use of Māori for Assessment
Student Research Regulations 2008
Ethical Conduct in Human Research and Related Activities Regulations 2008.
10.
N/A
Links to other papers
11.
Fees
Refer to http://calendar.waikato.ac.nz/admission/tableoffeesandcharges.html.
12.
(a)
(b)
(c)
Referencing guidelines and caution against plagiarism
Referencing must be in accordance with the New Zealand Law Style Guide (2nd Ed)
Thomson Reuters 2011.
All written work submitted for the purposes of assessment must be your own work.
Copying or paraphrasing all or part of another person’s work, be it published or
unpublished, without clear attribution, is plagiarism. Plagiarism is misconduct and is dealt
with under the disciplinary procedures of the University as outlined in the Student
Discipline Regulations 2008 in the University Calendar.
“Plagiarism means presenting as one’s own work the work of another, and includes the
copying or paraphrasing of another person’s work in an assessment item without
acknowledging it as the other person’s work through full and accurate referencing; it
applies to assessment presented through a written, spoken, electronic, broadcasting,
visual, performance or other medium.” See section 3, Assessment Regulations (2014
Calendar)
The Te Piringa Faculty of Law’s policy regarding plagiarism is contained in the Te Piringa
Faculty of Law Undergraduate Handbook and the Te Piringa Faculty of Law Undergraduate
Programmes Manual, available from http://www.waikato.ac.nz/law/undergraduate/.
13.
Health and safety
The Law School’s Health and Safety representative is Ms Renee Rewi in LAW.G 71 on extension
6727, but if she is not available, please report the incident to the Law Reception - Room Law G.44
or call ext 4167.
14.
Class representation
See p.43 Te Piringa Faculty of Law Undergraduate Handbook available from
http://www.waikato.ac.nz/law/undergraduate/. Contact details for the Student Representation
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Coordinator, Academic Services Division, are as follows: Jeanie Richards, Student Services, ext.
8221, email: student.reps@waikato.ac.nz.
15.
Complaints procedures
The brochure Student Concerns and Complaints Policy provides details of the University’s process
for handling concerns and complaints and is available from Faculty and School Offices, The
Gateway and Student Services Division and is contained in the Calendar 2014. See also the
document Student Support Structure at Te Piringa Faculty of Law, available from law reception.
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Lecture Schedule
Week Commencing
Programme of lecture topics
10 November (Summer School 2 commences)
Introduction
Comparison
17 November
Property & Tort Law in Comparison
Comparison on Laws on Business
Organisations
24November
Investment law – Investments into and
from China
NZ-China FTA
1 December
Other Trade-related Regulations
8 December
Tax Law Comparison and Tax Treaties
between China and NZ
15 December
Presentations
22 December
University close 19 December
25 Christmas Day, 26 Boxing Day
&
29 December
16 January 2015
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Research Essay due
Contract
Law
in