Insegnamento a.a. 2021-2022

50251 - CHINESE LAW

Department of Law

Course taught in English
Go to class group/s: 31
CLMG (6 credits - II sem. - OP  |  IUS/02) - M (6 credits - II sem. - OP  |  IUS/02) - IM (6 credits - II sem. - OP  |  IUS/02) - MM (6 credits - II sem. - OP  |  IUS/02) - AFC (6 credits - II sem. - OP  |  IUS/02) - CLELI (6 credits - II sem. - OP  |  IUS/02) - ACME (6 credits - II sem. - OP  |  IUS/02) - DES-ESS (6 credits - II sem. - OP  |  IUS/02) - EMIT (6 credits - II sem. - OP  |  IUS/02) - GIO (6 credits - II sem. - OP  |  IUS/02) - DSBA (6 credits - II sem. - OP  |  IUS/02) - PPA (6 credits - II sem. - OP  |  IUS/02) - FIN (6 credits - II sem. - OP  |  IUS/02)
Course Director:
HAO JIANG

Classes: 31 (II sem.)
Instructors:
Class 31: HAO JIANG


Mission & Content Summary

MISSION

The primary focus of this course is to introduce to students the legal and constitutional framework in which law is practiced and administered in China. Students are encouraged to think critically about the law and institutions in China compared to their own. A series of doctrinal topics of Chinese private and business law will be studied from a comparative context. In the end, this course will provide students a roadmap and foundation for an increasingly promising Sino-EU cross-border commercial practice.

CONTENT SUMMARY

A. Chinese legal tradition

B. Constitutional Structure

C. Judiciary

D. Contract Law

E. Torts

F. Property Law

G. Corporations

H. Fiduciary Duties

I. Insider Trading


Intended Learning Outcomes (ILO)

KNOWLEDGE AND UNDERSTANDING

At the end of the course student will be able to...

·         demonstrate a sound knowledge and conceptual understanding of the law and legal systems of China;

·         understand and critically assess Chinese judicial system and court structure;

·         develop a general understanding of Chinese private and business law and how some of the fundamental doctrines in Western law might be interpreted differently in China.

APPLYING KNOWLEDGE AND UNDERSTANDING

At the end of the course student will be able to...

·         acquire the ability to spot legal issues from and apply doctrinal knowledge to cases.


Teaching methods

  • Face-to-face lectures
  • Online lectures
  • Guest speaker's talks (in class or in distance)
  • Case studies /Incidents (traditional, online)
  • Interactive class activities (role playing, business game, simulation, online forum, instant polls)

DETAILS

Students are required to complete the reading assignments before each class and be ready to discuss with the instructor. Socratic method will be adopted throughout the course. Leading scholars in Chinese law and Chinese judges will present cutting edge research and engage with students.


Assessment methods

  Continuous assessment Partial exams General exam
  • Written individual exam (traditional/online)
     x
  • Active class participation (virtual, attendance)
 x    

ATTENDING STUDENTS

Attending students must take one general exam that consists of multiple choice questions and open-ended questions.

The exam is an open-book exam. Students are allowed to consult any physical books and notes. Internet usage is not allowed during the exam. Nor can students consult with others.

Up to five bonus points may be awarded based on the class performance.

Exams are aimed to verify that students have achieved a solid understanding of the main features of Chinese law


NOT ATTENDING STUDENTS

Non-attending students must take one general exam that consists of multiple choice questions and open-ended questions.

The exam is an open-book exam. Students are allowed to consult any physical books and notes. Internet usage is not allowed during the exam. Nor can students consult with others.

 

Exams are aimed to verify that students have achieved a solid understanding of the main features of Chinese law


Teaching materials


ATTENDING AND NOT ATTENDING STUDENTS

James Gordley, Hao Jiang & Arthur von Mehren, An Introduction to the Comparative Study of Private Law: Readings, Cases, Materials (Cambridge University Press, 2021)

Materials prepared by the instructor on Chinese corporate law.

Various academic articles on Chinese legal system and corporate law issues will be distributed.

Exam textbooks & Online Articles (check availability at the Library)

 

Last change 01/02/2022 08:26