| Theories and Practices of Chinese Economic Law |
|
 |
| Introduction |  |
LAW B852W Theories and Practices of Chinese Economic Law is a one-semester, 5-credit postgraduate course. LAW B852W gives you a thorough introduction to the theories and practices of Chinese economic law, with a special focus on its implications for business applications.
LAW B852W reviews the theories and practices of the economic law in China, that is, the law regulating the socialist market economy. As the scope of economic law is wide, this course will concentrate on the topics relating more closely to business and trade activities, such as taxation, anti-monopoly law, anti-unfair competition law, foreign trade administration law and consumer protection law. By taking this course, you will also gain a good overall grasp of the laws of finance in China as they relate to banking, securities and insurance and should be ready to apply the theories of the laws surrounding economic law in China to real-life cases and every-day commercial practices.
The 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 the materials. 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 theories and practices of economic law in China. You are expected to gain a good grasp of the key concepts and theories of these laws so that you can develop the necessary analytical skills required to resolve contract law issues in real life cases.
Course learning outcomes
On completing this course, you should be able to:
Analyse the role played by the government in managing the economy and identity the tools it may use for this purpose.
Examine the taxation system in China and the recent tax reform.
Analyse the operation of the anti-monopoly law and anti-unfair competition law in China, and review the issues which they rise.
Review the administrative framework for foreign trade in China, and its reform and future development.
- Discuss the law protecting consumer rights, including its legislative framework, the policy of remedy and the law's impact on businesses.
| Course materials | |
Since LAW B852W 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 B852W Theories and Practices of Chinese Economic Law. Each unit consists of approximately three 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.
Units Titles Week(s) Assignments 1 Government's role in the economy 3 2 Taxation 3 3 Monopoly and competition 3 TMA 1 4 Foreign trade administration 3 TMA 2 5 Consumer rights 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 B852W.
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 readings will either be provided as hard copies or provided online.
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 the English language since China's accession to WTO, but it still fails to keep pace with China's rapid legal and economic development.
Some of the following books provide an overview of the Chinese legal system, which are useful for those of you who are not familiar with it. However, some of theses books may not be sufficiently up-to-date for the purpose of this course. You should refer to more in-depth material in leading law journals (see further below).
Ash, R F, and Kueh, Y Y (eds) (1996) The Chinese Economy under Deng Xiaoping,Oxford: Clarendon Press.
CCH China Laws for Foreign Business, CCH Asia Pte Limited (loose leaf, multi-volumes)
CCH China Master Tax Guide (2008): Kluwer Law
Chen, H Y (1998) An Introduction to the Legal System of the PRC, 2nd ed, Hong Kong: Butterworths
Hus, C S (ed.) (2003) Understanding China's Legal System: Essays in Honour of Jerome A. Cohen, New York & London: New York University Press
Lubman, S (ed.) (1996) China's Legal Reforms, Oxford: Clarendon Paperbacks, Oxford University Press
Lubman, S (2002) Bird in a Cage: Legal Reform in China After Mao, Standford University Press
Ni, Y P and Chen, P G (2005) China Taxation: Law, Practice and Planning, Hong Kong: Thomson / Sweet & Maxwell Asia
Potter, P (2001) The Chinese Legal System: Globalisation and Local Legal Culture, London: Routedge
Thomas, W H (2003) Trade Remedies: Laws of Dumping, Subsidies and Safeguards in China, Kluwer Law
Wang C and Zhang X (ed.) (1997) Introduction to Chinese Law, Hong Kong: Sweet & Maxwell (Asia)
Wanf, G and Mo, J (1999) Chinese Law, Kluwer Law International
Wang, G (2003) Wang's Business Law in China (4th ed.): Hong Kong: LexisNexis Butterworths
Williams, M (2005) Competition Policy and Law in China, Hong Kong and Taiwan, Cambridge University Press
Xin, Z (2006) International Trade Regulation in China: Law and Policy (Chinese Law after WTO Accession), Oxford: Hart Publishing
Zhang, X (ed.) (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
China Law (www.cnlaw.com.hk)
Hong Kong Law Journal
- China Law & Practice (published by Asia Law & Practice)
Chinese-language sources
Those of you who read Chinese are encouraged to read from primary sources, e.g.:
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).
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
Selected websites
Many websites contain useful materials. Some of the most important sites are (some of them are in Chinese language only):
- 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 PRC 中華人民共和國最高人民法院: 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/
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/csrc_en/
National Digital Library of China 中國國家數字圖書館: http://mylib.nlc.cn/web/guest
- Other websites:
China Law.net: http://www.ceilaw.com.cn/
Chinalawinfo.com北大法律信息網: http://www.chinalawinfo.com
Isinolaw: http://www.isinolaw.com
CLRS online: http://www.cch.com.hk/
Law-lib.com: http://www.law-lib.com
China Journal Net 中國知網: http://www.cnki.net/
China Judge 中國法官: http://www.china-judge.com/main.asp
China Laws: http://www.lawbase.com.cn/
Tsing Hua University Library清華大學圖書館: http://www.lib.tsinghua.edu.cn/
CNKI Search 中國知網: http://www.cnki.net/
China Court: http://www.chinacourt.org/
Legal Daily 法制網: http://www.legaldaily.com.cn/
Sinolaw: http://www.sinolaw.net.cn/
China Law and Practice: http://www.chinalawandpractice.com/
Worldwide Legal Directories: http://www.hg.org/
- 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 1GHz Intelâ Pentiumâ 4 or faster processor (or equivalent),
1 GB of system memory or above,
broadband connection to internet and Port 1935 is not blocked,
Windows Vista, 7 or a newer version of the Microsoft Windows platform, or Mac – OS X 10.8, 10.9, 10.10 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: 1.5GHz Intelâ Pentiumâ 4 or faster processor (or equivalent)
Mac OS: 1.83-GHz Intel Core Duo or faster processor (or equivalent)Memory
1 GB or above
Multimedia peripherals
Earphone and microphone
USB webcam (required for courses with online oral presentations)Operating system
Windows 7 or later; Mac OS X 10.8, 10.9 or 10,10
Software 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 Adobeâ Flashâ Player 13 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 consist of two tutor-marked assignments and the oral examination.
Tutor marked assignments
You are required to complete two tutor-marked assignments (TMAs) and submit to your tutor for evaluation and grading. Each assignment will be marked out of 100 marks and will assess your grasp of the materials covered in the respective units. The two assignments are required and are weighted equally (40% for each TMA). The combined marks for the two assignments will count for 80% for the course's overall assessment.
TMA 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.
If the assignment is posted to the tutor, it is your responsibility to check that the assignment has successfully arrived (see Assignment File). Extension applications without supporting documents on the grounds of postal loss will not be accepted. The University cannot accept any responsibility for assignments that are not received by your tutor due to problems with the post. As a precaution, you are advised to keep a copy of each assignment you submit and obtain a certificate of posting from the post office when you post your assignment.
According to the University's policy, there is no extension of the cut-off date for the final TMA.
Oral examination
Students are required to participate in an oral examination at the end of the course. The oral examination will be conducted online in front of the Course Coordinator. It tests students' understanding of the relevant key concepts/principles embodied in the course and their application in practice, on the basis of the two TMAs completed. The marks awarded for the examination will count for 20% of the total marks for the course.
Assessment summary
Assessment types Marks Assignments 80% Final examination 20% Total 100% As specified in the Student Handbook, your final result in this course depends on your performance in both the continuous assessment and the oral examination. In order to pass the course, you need to pass both the continuous assessments and the oral examination. For more information on the University's policies on assignment 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; or
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 tutorials and lectures 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 | |
LAW B852W Theories and Practices of Chinese Economic Law focuses on the operation of the theories of economic law in the fast-developing Chinese business scene. Each unit reviews the course content from the perspective of business practice in order to equip you with the ability to apply the relevant law to your commercial practice. You should find this course both interesting and challenging.
Good luck, and enjoy your studies!
| A note about the course developers | |
Walter Lee graduated from the University of Hong Kong (LL.B., 1990; P.C.LL, 1991) and later obtained his LL.M. from the University of London. He is admitted to practise as a solicitor in Hong Kong, and is also admitted in England and Wales (non-practising). He is a partner of Gallant Y.T. Ho & Co and head of the commercial dispute resolution team. He is Member of the Chartered Institute of Arbitrators (East Asia Branch) and a member of the Employment Law Committee of the Law Society of Hong Kong. His publications include Butterworths Conveyancing and Property Law Handbook, Butterworths Contract Law Handbook, Hong Kong Court Forms (Title V, Companies (General)) and three volumes in Annotated Ordinances of Hong Kong.
Jenny Chung graduated from the University of Hong Kong (LL.B., 1990; P.C.LL, 1991), where she also later obtained her LL.M. She has been admitted as a solicitor both in Hong Kong and also in England and Wales (non-practising). She has gained professional experience as a commercial lawyer in two leading City firms and later as an in-house lawyer. She has now ceased practice and has become a course developer for the Open University of Hong Kong.
| 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 | |
Click here and view the Lee Shau Kee School of Business and Administration.
