LL.MProgram

LL.MProgram

Introduction to Curriculum
time:2013-11-09

   FALL

1.Introduction to China 

This course is designed to introduce overall situation of China to students, assisting them in acquiring some basic and necessary information about Chinese economy, politics, culture and society. The professor in charge of this course and the guest speakers will exchange their ideas regarding some widely discussed issues in contemporary China with the students. The content of this course includes, but not limited to the following eleven aspects of China: 1) quick facts; 2) territory and administrative divisions; 3) geographic features and climate; 4) population and family plan; 5) history and civilization; 6) political system; 7) nationalities and religion; 8) foreign policy and policies towards Hong Kong, Macao and Taiwan; 9) reform and opening to the outside world; 10) tourist information; 11) Beijing, Beijing Normal University, Law School and College for Criminal Law Science. By means of learning this course, students may have developed a broad view of the importance of Chinese issues in legal circle and became increasingly enthusiastic in doing this program. In order to meet the needs of the general audience, some topics may be general. In the meanwhile, several selected topics may also be involved for giving rise to debates amongst students and deepening the interest of students in academic research on Chinese issues.
 

 2.Chinese Law and Legal Culture

The course is for the basic understanding of law and legal culture in China, and can be considered as the prerequisite course for almost every course on this program. Chinese law has the same structure and system with almost any other established system in this world, but has individual and distinctive legal cultures. The different attitude towards the law underlines the significance of understanding the culture back up it. The course consists of these sections: 1) general introduction to Chinese law and legal Culture; 2) Structure and system of law in China; 3) Constitutional  law; 4) administrative law; 5) Criminal and Criminal Procedure Law; 6) Civil and Civil Procedure Law; 7) Corporation Law; 8) Intellectual Property Law; 9) International Law; 10)Judicial system and court organization; 11) Legal Profession and education in China; 12)Chinese legal history in ancient times; 13) Chinese legal history in modern times; 14) China legal culture; 15) Legal Culture Confliction.
 

3.Chinese Intellectual Property Law

The course provides analytical studies of intellectual property law system and particularly addresses the specific legal subjects, i.e. patent, trademark, copyright and international law. The course covers the basic concepts, principles and legal norms in each area. Although the course will be focusing on domestic intellectual property laws, it does not prejudice its international and comparative prospective.
 

4.Chinese Company Law and Financial Law

"Business law is intended to be a basic course for students interested in careers in a corporate lawyer or representing a corporation. From this course, students will gain knowledge about China’s legal system in the field of business and have a good command of practicing China’s business law. This course will introduce the main aspects of China’s business law, including, but not limited to the following aspects: 1) business legal framework: introduction; 2) China’s enterprise legal framework; 3) China’s foreign investment law; 4) China’s company law; 5) China’s financial legal framework; 6) China’s bank law; 7) China’s negotiable instruments law; 8) China’s securities law; 9) China’s insurance law; 10) China’s trust law; 11) China’s legal system of financial derivatives; 12) China’s securities investment fund law.This course will also cover the comparison between Chinese and Western business legal framework, which will give the students wider vision about business law and clearer understanding about Chinese legal system. Moreover, professors with full experience in practicing China’s business law will attend and make the class vividly with analyzing Chinese legal cases. In order to assist the students in gaining empirical mapping of Chinese business law practice, local professionals in this field may participate as guest speakers in this course. "

 

5.Chinese Criminal Law 

This course will provide an overview of criminal law in contemporary China with the goal of developing students’ understanding of how Chinese criminal law reacts to the crime in contemporary China. The course will cover selected topics in criminal law. The content of this course includes, but not limited to the following nine aspects: 1) formation and development of Chinese criminal law; 2) relation between the content of criminal law and the current situation in China; 3) scope of application of the criminal law; 4) basic methods to judge the crime; 5) punishment and sentencing system in China; 6) specific crime; 7) infringement of personal rights in the specific criminal acts; 8) infringement of property right in the special criminal acts. Whereas this course will demonstrate the Chinese characteristics of norms and values of criminal law, the similarities between Chinese and western criminal justice will be also indicated. In order to assist the students in gaining empirical mapping of Chinese criminal justice, several local professionals in this field may participate as guest speakers in this course. 

 

6.Chinese Administrative Dispute Resolution System 

This course will provide an overview of administrative dispute resolution system in contemporary China with the goal of developing students’ understanding of how the administrative disputes are resolved in China. The content of this course includes, but not limited to the following topics: 1) general introduction to Chinese administrative Law; 2) administrative rulemaking; 3) administrative decision-making; 4) administrative review; 5) judicial review, including jurisdiction, the preclusion, standing, principle of ripeness and exhaustion, judicial review of questions of law and questions of act, etc.; 6) the role of the letters and visits system in administrative dispute resolution. Whereas the similarities and differences between Chinese and American system will also be indicated in this course. In order to assist the students in gaining empirical administrative disputes resolution system in China, several local professionals in this field may participate as guest speakers in this course. 

 

7. Chinese Information Technology Law

This course examines the key law and regulations concerning the Internet and related business in China. It intends to provide a wide-angle view of the Chinese legislative framework for the Internet and IT industry. Against the background of borderless information flow and e-commerce, the course also intends to examine the impact of the Chinese Internet and IT Regulations on cross-border transactions of IT products and services. The law of other jurisdictions and the international treaties, however, may be used to compare with the related Chinese laws. 

 

8.Chinese Arbitration Law

This course will provide basic knowledge of arbitration law and especially an overview of the practices of Chinese arbitration law with the goal of developing students’ understanding of how it is organized and functions. The content of this course includes, but not limited to the following eight aspects: 1) general introduction to Chinese arbitration system; 2) the main arbitration institutions in China; 3) the validity of arbitration agreements; 4) the procedure of arbitration; 5) the enforcement of arbitral awards; 6) the setting aside of arbitral awards; 7) judicial supervision over arbitration; 8) Chinese foreign-related arbitration rules. In order to assist the students in gaining empirical mapping of Chinese arbitration law, several local professionals in this field, including arbitrators and officials from arbitration institutions may participate as guest speakers in this course.

 

9.Chinese Environmental Law and Sustainable Development

This course will provide an overview of environmental law in contemporary China with the goal of developing students’ understanding of the current situation of environmental governance and sustainable development in China. The course will select several important topics in environmental law and sustainable development. The content of this course includes, but not limited to the following aspects: 1) general introduction to environmental law; 2) sustainable development and basic principles of environmental law; 3) main systems of environmental law; 4) environmental legal liability; 5) law of pollution prevention; 6) law of ecological protection; 7) implementation of international environmental standards in China; 8) environmental consciousness and public participation. Whereas this course will demonstrate the Chinese characteristics of systems and principles of environmental policy, the differences between China and other jurisdictions will be also indicated. In order to assist the students in gaining empirical mapping of Chinese environmental legal system, several local professionals in this field may participate as guest speakers in this course.

 

10.Comparative Corporate Crime

This course will provide a general introduction to corporate crime and prevention policy worldwide. The course will cover selected topics related to criminal substantive law, criminal procedural law, criminology, etc. The content of this course includes, but not limited to the following eight aspects: 1) general introduction to corporate crime; 2) history of corporate crime; 3) principles of corporate criminal liability; 4) scope of corporate crime; 5) corporate criminal liability and corporate compliance programs; 6) the role of State in corporate crime; 7) prevention policy; 8) victimization and procedure. Whereas this course will demonstrate the Chinese characteristics of norms and values in regard with corporate crime, the similarities between Chinese and western criminal justice will be also indicated. In order to assist the students in gaining empirical mapping of corporate crime, several local prosecutors and judges in this field may participate as guest speakers in this course. 

 

11.Criminal Cases and Practice

This course, by introducing around 20 famous criminal cases in China in recent years, will provide an overview of the basic techniques for legal practice concerning the criminal cases in China, with the goal of developing students’ understanding of how Chinese criminal system functions, as well as the basic skills of lawyers in handling criminal cases. The course will cover selected topics in both substantive criminal law. The content of this course includes, but not limited to the skills of the following aspects of criminal cases: 1) the skills of lawyers in handling murder cases; 2)  the skills of lawyers in handling cases of taking bribes; 3) the skills of lawyers in handling capital cases; 4) the skills of lawyers in handling rape cases; 5) the skills of lawyers in handling drug  cases; 6) the skills of lawyers in handling theft cases; 7) the skills of lawyers in handling cases of minors; 8) the skills of lawyers in handling cases of corporate crimes; 9) the skills of lawyers in handling cases of organized crimes. In order to assist the students in gaining empirical mapping of Chinese legal practice, several local professionals in this field, including experienced lawyers and senior prosecutors, may participate as guest speakers in this course.

 

Spring

1.Chinese Civil Law 

This course will provide a general introduction of civil law theory and practice in contemporary China aiming to present the students a comprehensive picture of how civil law stipulates and functions. The teaching will be given by lectures, divided into a series of specific topics, and case studies. Topics of this course include, but not limited to the following aspects: 1) general introduction to china civil law system; 2) natural person and legal persons; 3) civil juristic acts and agency; 4) property law; 5) contract law; 6) tort law; 7) marriage law; 8) law of inheritance; 9) law of adoption. By studying and discussing the above mentioned topics, students will understand the fundamental norms and values of china civil law. Presentations by students themselves may be requested during the lectures. Comparative analysis between china civil law and relevant legal system in students’ own states will be encouraged. If possible, local judges and lawyers may participate as guest speakers in this course.

 

2.Chinese Criminal Procedure Law 

This course will provide an overview of criminal process in contemporary China with the goal of developing students’ understanding of how criminal procedure law is organized and functions. The course will cover selected topics in criminal procedure and evidence. The content of this course includes, but not limited to the following fourteenth aspects: 1) general introduction to criminal justice system; 2) theory of criminal procedural conduct; 3) organisation of criminal justice agencies; 4) filing a case and investigation; 5) compulsory measures; 6) prosecution system; 7) lay participation; 8) trial procedure; 9) appeals and reopening of criminal proceedings; 10) criminal procedure law reform; 11) internal performance indicators and quotas for criminal justice agencies; 12) the rules of criminal evidence; 13) juvenile delinquency and justice; 14) victim-offender-reconciliation and restorative justice. Whereas this course will demonstrate the Chinese characteristics of norms and values of criminal procedure, the similarities between Chinese and western criminal justice will be also indicated. In order to assist the students in gaining empirical mapping of Chinese criminal justice, several local professionals in this field may participate as guest speakers in this course.

 

3.Civil and Commercial Law Cases Study and Practice

"Civil and commercial law cases study and practice provides case study methods and broader vision to use legal theories in solving legal problems. It will be a course that teaches classic cases and application of law in civil and commercial field. Through analyzing cases and discussing practices, the students will gain abilities in resolving disputes and applying law. This course will introduce the main aspects of cases study and practice, including, but not limited to the following aspects: 1) interpreting the classic cases in China’s civil and commercial law fields, such as the tort law, contract law, property law and so on; 2) discussing theoretical issues among those cases; 3) studying tactics of applying law; 4) training of practicing law; 5) cultivating legal thinking mode and stimulating students’ interests in solving legal cases.The key objective of this course is to cultivate students’ abilities in solving legal problems and thinking critically in analyzing cases so as to have a good command of applying law. In order to assist the students in gaining empirical mapping of Chinese business law practice, local professionals in this field may participate as guest speakers in this course."

 

4.Bankruptcy Risk Prevention in China’s Legal Framework

Bankruptcy legal framework is intended to be the most important course for students interested in investment in China. This course will focus on new China’s Enterprise Bankruptcy Law, which is the core of standing bankruptcy legal framework in China. The content of this course includes, but not limited to the following aspects: 1) China's bankruptcy legal framework: an introduction; 2) bankruptcy petition and acceptance; 3) bankruptcy administrator: status, powers and duties; 4) bankruptcy estate; 5) transaction avoidance;6) filing of claims; 7) creditors' meeting and creditors' committee; 8) corporate reorganization; 9) winding-up proceedings;10) bankruptcy of state-owned enterprises;11) bankruptcy of financial institutions. In order to assist the students in gaining empirical mapping of Chinese bankrupt practice, local professionals in this field may participate as guest speakers in this course.

 

5. Theories and Practices of International Law in Contemporary China

This course will provide a primary introduction on international law, especially focusing on contemporary Chinese theories and practices with the goal of developing students’ insight of how they are organized and functions. The course will cover several selected topics in public international law, private international law and international economic law, and the content of this course includes the following aspects: 1) the legal sources of international law; 2) the territorial disputes between China and neighbouring countries; 3) China and the International Court of Justice; 4) recent developments in Chinese private international law ; 5) applicable rules to foreign related marriages and successions; 6) applicable rules to foreign related contracts ; 7) jurisdiction of courts in international civil litigation; 8) international civil procedure; 9) international commercial arbitration.; 10) China and the WTO. The students are expected to have an intimate knowledge of the essential theories of international law in China and comprehend the relevant practices of Chinese courts and arbitration committees via the lectures.

 

6.Contemporary Death Penalty System and Reform

This course will provide an overview of death penalty system in both contemporary China and the world, with the goal of developing students’ understanding of how this penalty functions, as well as the reforms taken on it in recent years. The course will cover selected topics in both substantive criminal law and criminal procedure law. The content of this course includes, but not limited to the following aspects: 1) the history of death penalty in China; 2) the history of death penalty over the world; 3) argument about the death penalty; 4) crimes punishable by death in China; 5) why China still sustains the death penalty; 6) alternatives to death penalty; 7) death penalty in the USA; 8) reforms taken on death penalty in recent years; 9) execution methods of death penalty; 10) future of death penalty system. In order to assist the students in gaining empirical mapping of death penalty system, several local professionals in this field, including experienced lawyers and senior judges, may participate as guest speakers in this course. 

 

7.Special Issues of International Crimes and International Criminal Law

This course will provide an introduction to international crimes and international criminal law.  As an optional selective course, this course will broaden the students’ horizons of criminal study, help students seize the trends of international crimes in modern society and understand how the international community deals with the crimes. The teaching will be given mainly by lectures and supplemented by students’ presentation and case studies. The content of this course includes, but not limited to the following aspects: 1) introduction to international criminal law; 2) sources of international criminal law; 3) fundamental principles of international criminal law; 4) core international crimes; 5) international criminal judicial institutes; 6) serious transnational crimes; 7) universal jurisdiction; 8) judicial assistance in criminal matters. Whereas this course will demonstrate the norms and practices of criminal justice at international level, the implementation of international criminal law in china will also be referred when it is necessary. In order to assist the students in gaining empirical mapping of international criminal justice, a moot court competition of international criminal law may be adopted in this course.

 

8.Anti-terrorism Law

This course will provide an overview of anti-terrorism legal system in contemporary China with the goal of developing students’ understanding of how it is organized and functions. The course will cover selected topics in substantive criminal law, criminal procedure law, the law of criminal evidence, the law on extradition, international human rights law and anti-terrorism justice policy. The content of this course includes, but not limited to the following twelve aspects: 1) general introduction to anti-terrorism legal system; 2) organisation of anti-terrorism agencies; 3) criminal law and terrorism; 4) the new terrorism offences and the criminal law; 5) the penal policy of anti-terrorism; 6) comparative anti-terrorism legislation; 7) terrorism investigations and beyond: the culture of law and justice; 8) unique challenges for terrorism prosecutions; 9) miscarriages of justice in the war against terrorism; 10) ten ways to improve anti-terrorism law; 11) court and terrorism; and 12) The UN and China: response to Terrorism. Whereas this course will demonstrate the Chinese characteristics of norms and values of anti-terrorism law, policy and justice, a broad comparison with foreign and international anti-terrorism experience or lessons will be also indicated. In order to assist the students in gaining empirical mapping of Chinese anti-terrorism legal system, local professionals in this field may participate into this course as guest speakers.