| Principles and Practices of Chinese Civil Law |
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| Introduction |  |
Welcome to LAW B843W Principles and Practice of Civil Law, a compulsory, one-semester, five-credit course in the Master of Laws in Chinese Business Law (LLM (Chinese Business Law)) programme. LAW B843W gives you a thorough introduction to the principles and practice of Chinese civil law, and helps you think through its implications in business law.
This course will review the basic structure of Chinese civil law, including the legislation known as the General Principles of Civil Law, and will also consider other branches of law, including property law, contract law and the law of tort. When you have completed the course you will have a good grasp of the core subjects of civil law, and the circumstances under which one may acquire and exercise civil rights. You should also be able to apply civil law principles to real-life cases.
This is a five-credit course, which focuses on the operation of civil law principles in business scene. Every unit reviews the civil law from the perspective of business practice in order to equip you with the ability to apply the law in your commercial practice.
Purpose of this Course Guide
This Course Guide tells you briefly what the course is about and outlines its aims and objectives. It also gives you information about the course materials and how you can work your way through them. It suggests the amount of time you will need to spend to complete the course and the units. Finally, it gives you information about tutorial assistance and a general idea of when your tutor-marked assignments are due.
Course aims
The main aims of this course are to introduce you to the Chinese civil law system, the system of civil acts, property rights and the protection of physical and property rights. You are expected to develop a good grasp of key concepts and principles of civil law so that you can practise the analytical skills you will need to resolve civil law issues in real-life cases.
Course learning outcomes
Upon completion of this course, you should be able to:
Review the historical development of Chinese civil law.
Analyse its contemporary general principles and evaluate their application.
Discuss the principles and practice of property law, and critically review and evaluate current trends in the development of property law in China.
Examine the general principles of contract law and the legislative intent of certain important provisions in the Chinese contract law.
- Analyse the general principles of tort law, distribution of liability, intentional tort and negligence, and tort causing personal injury and property damage.
| Course materials | |
Since LAW B843W is an online course, all the study units and most of the supplementary readings will be provided in the Online Learning Environment. You are required to have access to the Internet through a personal computer equipped with a Web camera to take part in the e-learning activities.
Online study units
There are five study units in LAW B843W Principles and Practice of Civil Law. Each unit consists of approximately four weeks' worth of part-time work. The study units outline the objectives of each section, summarize key issues, explain the relevant theories and practices, and comment on related readings and case studies. Each unit contains self-tests and activities to reinforce your assimilation of the issues under discussion. The following table gives you an overview of the study units and each key topic, the time taken to complete each unit, and the assignments that assess the units.
Unit Title Weeks Assignment 1 General theory of civil law (I)
3
2 General theory of civil law (II)
3
TMA 1
3 The Property Rights Law: An overview
3
4 The law of contract: An overview
3
TMA 2
5 The Tort Liability Law: An overview
4
Total
16
2
In addition to the online study units, you will be expected to make use of other materials from time to time as stipulated below.
Printed materials
Although you will not be provided with printed copies of the Course Guide and the five study units, you will be provided with pdf versions of the study units if you prefer a printable option.
Supplementary readings
There is no set textbook for LAW B843W.
As you study the course, you will be directed in the units to read specific pages excerpted from relevant textbooks, or other readings. Copies of the required supplementary readings will either be available online or provided as hard copies.
Optional English-language textbooks
You may often want to refer to the following reference books, which will help you in your study, although they are not compulsory. There has been an important and most welcome increase in publications on PRC laws in English language since China's accession to WTO, but this has still failed to keep pace with China's rapid legal and economic development.
Some of the following books provide an overview of the Chinese legal system, and would be useful for those of you who are not familiar with it. Some of them may not be sufficiently up-to-date for the purpose of this course. You should also refer to more in-depth material in leading law journals (see further below).
Ash, R F and Kueh, YY (1996) The Chinese Economy under Deng Xiaoping, Oxford: Clarendon Press.
CCH China Investment Vehicles, CCH Asia Pte Limited (loose leaf).
CCH China Laws for Foreign Business, CCH Asia Pte Limited (loose leaf, multi-volumes).
Chen, A H (1998) An Introduction to the Legal System of the PRC, 2nd ed, Hong Kong: Butterworths
Epstein, E (1998) 'Codification of civil law in the PRC', UBC Law Review, 32(1): 153-98.
Fisher, J and Bewsey, J (1997) The Law of Investor Protection, London: Sweet & Maxwell.
Fu, T (1993) 'Legal person in China: Essence and limits', American Journal of Comparative Law, 41: 261-97.
Hus, C S (2003) Understanding China's Legal System: Essays in Honour of Jerome A. Cohen, New York & London: New York University Press.
Ling, B (2001) Contract Law in China, Hong Kong: Sweet & Maxwell (Asia).
Lubman, S (1996) China's Legal Reforms, Oxford: Clarendon Paperbacks, Oxford University Press.
Potter, P (2001) The Chinese Legal System: Globalisation and Local Legal Culture, London: Routedge.
Sun, X (1999) 'Reform of China's state-owned enterprises: A legal perspective', St. Mary's Law Journal, 31(1): 19-47.
Wang, C and Zhang, X (1997) Introduction to Chinese Law, Hong Kong: Sweet & Maxwell (Asia).
Wang, L and Xu, C (1999) 'Fundamental principles of China's contract law', Columbia Journal of Asian Law, 13: 1-34.
Wang, G and Mo, J (1999) Chinese Law, Kluwer Law International.
Wei, Y (1999) 'Chinese press tort law and libel', China Law, March, pp. 64-68.
Zhang, P (2006) A Professional's Guide to PRC Land Legislation, Hong Kong: Sweet & Maxwell (Asia).
Zhang, X (2001) Introduction to Chinese Law, Hong Kong & Singapore: Sweet & Maxwell Asia.
English-language journals
You are encouraged to read from a range of relevant English-language journals such as:
Chinese Law and Government
Columbia Journal of Asian Law
Hong Kong Law Journal
- China Law & Practice (published by Asia Law & Practice)
Chinese-language sources
If you can read Chinese, you are encouraged to read from primary sources, e.g.:
The Gazette of the National People's Congress Standing Committee
The State Council Gazette
The Supreme People's Court Gazette
- The Supreme People's Procuracy Gazette
New legislation and other materials from primary sources are often reproduced by Fazhi Ribao (法制日報) and Renmin Ribao (人民日報).
Selected websites
Many websites contain useful materials. Among the most important sites are (note that some of the following are in Chinese language only):
1 Official websites
Central People's Government of the People's Republic of China: http://www.gov.cn
People's Bank of China/中國人民銀行: http://www.pbc.gov.cn/
Supreme People's Court of PR/中華人民共和國最高人民法: http://www.court.gov.cn/
Supreme People's Procuratorate of China/中華人民共和國最高人民檢察院: http://www.spp.gov.cn/
China International Economic and Trade Arbitration Commission: http://www.cietac.org.cn/
China Maritime Arbitration Commission: http://www.cmac.org.cn/
General Office National Committee, Chinese People's Political Consultative Conference: http://www.cppcc.gov.cn/
Xinhua News Agency: http://www.xinhua.org/
Legal Info/中國普法網: http://www.legalinfo.gov.cn/
Ministry of Commerce of the PRC: http://www.mofcom.gov.cn
Ministry of Commerce of the PRC-Department of WTO Affairs: http://sms.mofcom.gov.cn
Bureau of Fair Trade for Imports and Exports: http://gpj.mofcom.gov.cn
Bureau of Industry Injury Investigation: http://dcj.mofcom.gov.cn
State Administration of Foreign Exchange: http://www.safe.gov.cn
China Securities Regulatory Commission 中國證券監督管理委員會: http://www.csrc.gov.cn/pub/newsite/
National Digital Library of Chin/中國國家數字圖書館: http://ndlc.cntv.cn/01/index.shtml
2 Other websites
China Law.net: http://www.ceilaw.com.cn/
Chinalawinfo.co/北大法律信息網: http://www.chinalawinfo.com
Isinolaw: http://www.isinolaw.com
CCH Hong Kong: http://www.cch.com.hk/hk/default.aspx
Law-lib.com: http://www.law-lib.com
China Judge/中國法官: http://www.china-judge.com
The Database of Laws and Regulations/中國人大網: http://www.npc.gov.cn/englishnpc/Law/Integrated_index.html
Tsing Hua University Library/清華大學圖書館: http://innopac.lib.tsinghua.edu.cn/search*eng
China Court: http://www.chinacourt.org/
Legal Daily/法制網: http://www.legaldaily.com.cn/
China Law and Practice: http://www.chinalawandpractice.com/
Worldwide Legal Directories: http://www.hg.org/
3 Commercial information providers
Lexis-Nexis: http://www.lexis-nexis.com
Westlaw: http://www.westlaw.com
| Computer equipment requirements | |
To take e-learning courses, you should have the appropriate hardware, operating system and software. The following are the requirements:
Hardware and Operating System
You should have the following minimum configuration:
a personal computer with a Pentium or more powerful CPU,
512MB RAM or above,
broadband connection to internet and Port 1935 is not blocked,
Windows XP SP3 or a newer version of the Microsoft Windows platform, or Mac - OS X 10.7 or above and
- a printer connected to your computer for printing online course content.
Hardware Requirements for Real-time Online Lectures/Tutorials
Suggested configuration
CPU
Windows OS: Pentium IV 1.5 GHz or above
Mac OS: 1.83-GHz Intel Core Duo or faster processorMemory
1 GB or above
Multimedia peripherals
Earphone and microphone
USB webcam (required for courses with online oral presentations)Operating system
Windows XP SP3, 7 or later;
Mac OS X 10.7.4, 10.8, 10.9Software configuration
You should have the following software configuration to support e-learning:
Internet browser: Mozilla Firefox/ Internet Explorer 8.0 or above/ Google Chrome. If you use an older version of a browser, parts of web pages may not be displayed normally. For Macintosh users, other browsers such as Mozilla Firefox / Google Chrome are recommended.
- Some interactive activities require the plug-in for AdobeR FlashR Player 12.1 or above. If your browser does not have the plug-in, you will see a message indicating the URL where you can install it.
Anti-virus software
Computer viruses are a serious problem. In order to protect your computer, you are advised to install suitable anti-virus software. You should also periodically get the updates for your anti-virus software. The University has included a URL on Online Learning Environment (OLE) where free anti-virus software can be downloaded.
| Course assessment | |
The formal assessment for this course consists of two tutor-marked assignments (TMAs), participation in an online discussion forum and the final examination.
Tutor marked assignments
You are required to complete two tutor-marked assignments (TMAs) and submit them to your tutor for evaluation and grading. Each assignment will be marked out of 100 and will assess your grasp of the materials covered in the respective units. The two assignments are required and are weighted equally (20% for each TMA). The combined marks for the two assignments will account for 40% of the course's overall assessment.
You must use word processing software (such as Microsoft Word) to prepare the TMAs, and submit the TMAs via the Online Learning Environment (OLE). All assignments must be uploaded to the OLE by the due date.
Failure to upload a TMA in the required format to the OLE may result in the score of the TMA being adjusted to zero.
TMA submission extension policy
The assignment policy of the University as stated in the Student Handbook should be observed. You are required to submit assignments for this course in accordance with the dates communicated by your course coordinator. You may apply for a submission extension on the grounds of illness, accident, disability, bereavement or other compassionate circumstances.
Applications for extensions of up to seven days should be submitted to the tutor. The tutor shall consider valid and unexpected emergencies on an individual basis. Normally, documented proof of the extenuating circumstances is not required for extensions of up to seven days. The tutor shall decide and advise you of the revised date for submission.
For extensions of over seven days, you should note the following:
If you require an extension of more than seven days on the grounds of illness, accident, disability, bereavement or other compassionate circumstances, they are required to complete an 'Application Form for Assignment Extension over seven days' and submit it to the Course Coordinator.
Supporting documents must be submitted along with the application for extension of over seven days to justify the claim.
Applications for extension should normally be lodged before or on the due date.
- Applications are considered by:
- the Course Coordinator for extensions of 8 to 21 days; and
- the Dean for extensions of over 21 days.
After an assignment is submitted via the OLE, it is your responsibility to check that the assignment has been successfully submitted. Extension applications due to any problem with uploading will not be accepted. The University cannot accept any responsibility for assignments that are not received by your tutor due to any problem with submission via the OLE. As a precaution, you are advised to keep a copy of each assignment you submit.
According to the University's policy, no extension of the due date will be allowed for the final TMA. This policy will be strictly enforced. Any late submission of the final TMA will result in the score of the TMA being adjusted to zero.
Final examination
The final examination for LAW B843W is of three hours' duration and is worth 50% of the total course grade. The examination consists of questions similar to those in the tutor-marked assignments.
A specimen examination paper will be provided before the examination for practice purposes. The format of the specimen examination will be similar to that of the final examination.
Participation in the online discussion forum
Students are required to take part in online discussions at least one time per unit. Apart from answering the specified questions, you are also encouraged to give replies to or comments on the opinions of other students. This will account for 10% of the course's overall assessment.
Assessment summary
Assessment type Marks Assignments 40% Online discussion forum 10% Final examination 50% Total 100% As specified in the Student Handbook, your final result in this course depends on your performance in both the continuous assessment (TMAs) and the examination. In order to pass the course, you need to pass both the continuous assessment and the examination. For more information on the University's policies on assignments and examinations, please refer to the section 'Assignments and examinations' in the OUHK Student Handbook.
| Tutors and online support | |
Tutors
Your tutor will mark and comment on your assignments, keep a close watch on your progress, provide advice on any difficulties you might encounter, and generally assist you during the course.
You will be notified of the name and contact details of your tutor as soon as you are allocated to a tutorial group (shortly after the start of the course).
Do not hesitate to contact your tutor by telephone or email if you need help. The following might be some typical circumstances in which you would find help necessary. Contact your tutor if:
You do not understand any part of the study units or the assigned readings.
You have any difficulty with the self-tests.
You have a question or problem with assignments, or with your tutor's comments on or grading of an assignment.
It is a good idea to keep copies of all TMAs you submit for reference during any telephone conversations with your tutor. Remember that TMAs should be submitted in accordance with the due dates indicated. Your tutor will mark and return them to you as soon as possible.
Online support
In this course, you have the opportunity to interact with tutors and fellow students via the Online Learning Environment (OLE). You will at times be referred to the course discussion board to exchange views with other students on particular issues, or you may like to post your own questions and invite feedback from others. Real-time lecture/tutorial sessions on specific topics will be delivered via teleconferencing facilities. It is strongly recommended that you make use of the course discussion board and teleconferencing sessions. They will provide considerable assistance in your study of law, and improve your chances of earning higher marks on your TMAs. They will also bring you into contact with other students who are studying through the OUHK. Experience shows that students who form study groups to exchange ideas tend to perform better.
| Summary | |
Civil law in China is a practical and developing field of study. As China's economy continues to grow, and as its integration with the economies of other nations increases, an understanding of how Chinese law affects property, contracts, torts and the like is more valuable than ever. Completing LAW B843W Principles and Practice of Civil Law will help you gain just such an understanding.
We hope that you will not only find the course interesting and stimulating, but that you will be able to apply the concepts you learn in this course to your career.
Good luck, and enjoy your study!
| A note about the course developers | |
Dr Zhang Xiaoyang is an associate professor in the Lee Shau Kee School of Business and Administration at the Open University of Hong Kong. He holds his PhD from the Law School of Strathclyde University in the UK. His current research interests focus on Chinese business law, international economic law and regulatory systems. He was responsible for architecting the key frameworks and principal themes of the OUHK's innovative, business-oriented Master of Laws in Chinese Business Law e-learning programme. Dr Zhang has published articles in law journals such as The Denning Law Journal, Amicus Curiae, Deakin Law Review, Journal of International Commercial Law, and Journal of Business Law, etc. He has also sole-authored two books -- Chinese Civil Law for Business (in English) and '中國民法與商業應用' (in Chinese) -- both published by the Open University of Hong Kong Press.
| Deferment of studies | |
If you wish to defer your studies of this course until a later date, you should apply for deferment of studies. For the regulations governing deferment of studies, please refer to Section 14, 'Regulations for Admission, Registration and Maintenance of Status,' in your Student Handbook. If you have applied for deferment of studies, you should continue with your studies of this course and submit the required assignments until formal approval is given by the University. Should you have difficulties in submitting an assignment, you are advised to liaise with your Course Coordinator and apply for a TMA extension. Students who have been granted deferment of studies will not be allowed to submit TMAs due before the date that their application for deferment of studies is received by Registry.
| About the Lee Shau Kee School of Business and Administration | |
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