Department of Government & International Studies
POLS 2630
Chinese Legal System
Prerequisites:
nil
Duration/Frequency:
3 hours/week
Language of Tuition:
English
Individual Study Time Required:
42 hours (3 X 14 weeks)
Credits/Units:
3
Number of Contact Hours:
42 (3 X 14 weeks)
Total Assumed Work Load:
6 hours/week
Course Description/Aims and Objectives:
The course aims to introduce students to some of the major areas of the current
Chinese legal system and traces their historical and political backgrounds. Major
areas covered are constitutional, civil, commercial, administrative and criminal
laws, as well as the court system and the legislative process. The Basic Law will
be examined in relation to its provisions and its significance to Hong Kong after
the change of sovereignty in July 1997.
Intended Learning Outcomes (ILOs) / Competencies:
Knowledge
By the end of this course, students will be able to
1. Describe characteristic features of the Chinese legal system;
2. Define constitutional, civil, commercial, administrative and criminal laws
of the Chinese legal system; and
3. Explain the court system and the legislative process of the Chinese legal
system.
Skills
By the end of this course, students will be able to
4. Compare the legal systems of the People’s Republic of China and Hong
Kong; and
5. Source, analyze and summarize differences of the two different legal
systems.
Attitudes
By the end of this course, students will be able to
6. Participate with confidence in tutorial discussions.
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Course Content:
1.
Legal Framework
A.
B.
C.
D.
E.
2.
Branches of Chinese Law
A.
B.
C.
D.
3.
Legal system of the PRC: History and development
Marxist view of law
Constitution of PRC
The making of Chinese law
Economic reforms and legal development
Civil law
Commercial law
Administrative law
Criminal law
Comparison Between Chinese and Hong Kong Systems
A.
B.
The system of law courts
The Hong Kong Basic Law
Teaching & Learning Activities (TLAs):
TLAs
1. Lectures / Seminars
Students are expected to synthesize a structured overview of
the current Chinese legal system development from lectures,
discussions and additional recommended readings.
2. Tutorials
Tutorial sessions will discuss critically key aspects of the current
Chinese legal system development and their relation to current
issues of domestic and international politics. Tutorials may
include short presentations, online preparation and/or online
follow-up discussions, and discussions of additional readings.
2
ILOs
addressed
1 to 6
4 to 6
Assessment Methods (AMs):
AMs
Weighting
Tutorial Participation
and Discussion
20%
ILOs
addressed
1 to 6
Assignment(s)
40%
1 to 6
Final examination
40%
1 to 6
Description of
Assessment Tasks
Regular attendance and
active participation are
mandatory. Students
develop and demonstrate
their skills and knowledge
acquired by way of critical
discussion.
Students are required to
make a preliminary
presentation or term paper
based on the knowledge
acquired for the seminars.
Students will have to write
an essay to demonstrate
their understanding of the
structure of the current
Chinese legal system. The
emphasis will be on a
critical reflection of these
issues in relation to
contemporary political
debate. The essay topic(s)
will be based on students’
critical discussions in the
tutorials.
References:
Chen, Albert HY., An introduction to the Legal System of the People’s Republic
of China. Butterworths, 2004.
Dobinson, Ian and Derek Roebuck., Introduction to Law in the Hong Kong SAR.
Sweet & Maxwell, 2004
Wang, Kui Hua., Chinese Commerical Law. Oxford, 2002.
Syllabus prepared by: Ching Yin CHOW / September 2010
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