LL.MProgram

LL.MProgram

Introduction to Curriculum (New)
time:2015-01-04

   Introduction to Required Courses: 

1.         Introduction to China (54 hours, 3 credits)

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 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 (54 hours, 3 credits)

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) criminallaw and criminal procedure law; 6) civil law and civil procedure law; 7) corporation law; 8) intellectualproperty 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 Constitutional Law & Administrative Law (54 hours, 3 credits)

This course introduces the basic theory of Chinese constitutional law and administrative law, aiming to let students understand more about Chinese Constitutional law system, and the status, role and current situation of Chinese constitutional law and administrative law in China, as well as an overview of administrative dispute resolution system in contemporary ChinaThe content of this course includes, but not limited to the following topics: 1) general introduction to Chinese constitutional Law; 2) fundamental rights and duties of citizens ; 3) structural form of state political power ; 4) structure of the state ; 5)general introduction to Chinese administrative Law; 6)fundamental theory of administrative behavior; 7)administrative rulemaking; 8) administrative decision-making; 9) administrative review; 10) judicial review, including jurisdiction, the preclusion, standing, principle of ripeness and exhaustion, judicial review of questions of law and questions of act, etc; 11) the role of the letters and visits system in administrative dispute resolution. Whereas the similarities and differences between Chinese andAmerican system will also be indicated in this course. In order to assist the students in gaining empirical administrative theories in China, several local professionals in this field may participate as guest speakers in this course.

 

4.         Chinese Criminal Law & Criminal Procedure Law (54 hours, 3 credits)

This course will provide an overview of and criminal process in contemporary China with the goal of developing students’ understanding of how Chinese criminal law reacts to the crime in contemporaryChina, and how criminal procedure law is organized and functions.

The content of criminal law will cover selected topics, which includes, but not limited to the following 9aspects: 1) formation and development of Chinese criminal law2) relation between the content of criminal law and the current situation in China; 3)scope of application of criminal law; 4) basic methods to judge the crime; 5punishment und sentencing system in China6specific crimes; 7) infringement of personal rights in the specific criminal acts; 8infringement 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.

The content of criminal procedure law 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; 4filing a case and investigation; 5compulsory measures6prosecution system; 7lay participation8appeals 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 criminalprocedure, 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 localprofessionals in this field may participate as guest speakers in this course.

 

5.         Chinese Civil Law & Chinese Civil Procedure Law (54 hours, 3 credits)

This course will provide a general introduction of civil law and civil procedure law theory and practice in contemporary China aiming to present the students a comprehensive picture of how civil law stipulates, functions and implements. The teaching will be given by lectures, divided into a series of specific topics, and case studies. Topics of Civil Law 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.

  Topics of Civil Procedure Law include, but not limited to the following aspects: 1) general introduction to Chinese civil procedure law system; 2) the basic system and the parties; 3) jurisdiction; 4) procedure of first instance; 5) procedure of second instance and retrial procedure; 6) litigation mediation procedure; 7) trial supervision procedure; 8) Non litigation procedure; 9) enforcement procedure & procedure of cases involving foreign element.

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.

 

6.         Internship (54 hours, 3 credits)

This course will provide students with the opportunities to use what they have learned in this course. Our staff will assist students in finding an internship place at a law firm. In addition, we have close connections with other law institutions, including courts, procuratorates, police offices, prisons, bar associations, etc. in China and will bring students to visit these institutions. Some of these institutions are supreme in Chinese justice system. Many legal professionals may be invited to give students lectures and answer students’ questions about the professional aspects of Chinese law practice. By means of these internships, students can gain a deeper understanding of contemporary Chinese law and society. Students may meet new friends and create connections with Chinese legal professionals. 

 

 

Introduction to Selective Courses:

 

1.         International E-Commerce Law () ((36 hours respectively, 4 credits in total)

This course will be divided into two parts which include (I) and (II), and will be lectured in the first and second semester respectively. Electronic exchanges have recently further increased due to the mobility of devices, but this also created additional legal challenges. As a result, a purely national study of the relevant laws is totally insufficient to understand the main issues and their policy and practical implications. Therefore, it’s pretty meaningful to study this course. The content of this course will include but not limited to the following aspects: 1) Legal Issues in Cross-Border E-Transactions; 2) Internet Governance in E-Commerce;3)Intellectual Property Issues in Cross-Border E-Commerce; 4) Governmental Regulation on Cross-Border E-Commerce; 5) Legal Issues in Cross-Border Data flow; 6) Dispute Resolution For Cross-Border E-Commerce. This course could help students to understand better about the E-commerce, especially the most contentious legal issues in cross-border electronic commerce and the related policy and practice.

 

2.         Chinese Intellectual Property Law (36 hours, 2 credits)

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.

 

3.         Company Law and Financial Law (36 hours, 2 credits)

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 the following aspects: 1) China’s 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.

 

4.         Special Issues of International Crimes and International Criminal Law (36 hours, 2 credits)

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 law3) fundamental principles of international criminal law; 4) core international crimes; 5) international criminal judicial institutes; 6) serious transnational crimes7) universal jurisdiction8judicial 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.

 

5.         An Introduction to China’s Law and Business (36 hours, 2 credits)

The course offers you a unique chance to obtain the basic knowledge on Chinese law and practices of doing business in China. The course covers a wide range of topics: property law, contract law, company law, commercial law, investment regulation, financial law, competition law, international taxation, etc. It is suitable to businesspersons, legal professionals, researchers, students and other people who are interested in Chinese law. The content of this course includes, but not limited to the following twelve aspects: 1) Sources of Chinese law relating to business; 2) Property law (excluding intellectual property; 3) Contract law; 4) Company and Securities law; 5) Entry modes and foreign trade and investment regulation; 6) Product liability and consumers’ protection; 7) Seminars with the participation of the students and invited speakers. In order to assist the students to further understand Chinese law and the legal framework of doing business in China, there will be seminars with the participation of the students and invited speakers.

 

6.         Civil and Commercial Law Cases Study and Practice (36 hours, 2 credits)

This course is focused on classic civil and commercial cases in China. 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 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.

7.         Bankruptcy Risk Prevention in China’s Legal Framework (36 hours, 2 credits)

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 proceedings10) bankruptcy of state-owned enterprises11) 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.

 

8.         Theories and Practices of International Law in Contemporary China (36 hours, 2 credits)

This course will provide basic knowledge of international law, especially theories and practices in contemporary China. 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) legal sources of international law; 2) territorial disputes between China and neighbouring countries; 3) China and the International Court of Justice; 4) recent developments in Chinese private international law5applicable rules to foreign related marriages and successions6) applicable rules to foreign related contracts 7jurisdiction of courts in international civil litigation8international civil procedure; 9) international commercial arbitration; 10)China and the WTO, etc. 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.

 

 

9.         Criminal Cases and Legal Practice (36 hours, 2 credits)

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.

 

10.     Principle of Sentencing (36 hours, 2 credits)

This course will provide an overview of principle of sentencing in both contemporary China and the world, with the goal of developing students’ understanding of how to sentence, as well as the reforms taken on death penalty system 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 principle of sentencing in China; 2) the principle of sentencing over the world; 3)system of discretionary action of sentencing ; 4) sentencing procedure; 5) introduction to the death penalty6why China still sustains the death penalty7alternatives to death penalty; 8death penalty in the USA9reforms taken on death penalty in recent years; 10) future of death penalty system. In order to assist the students in gaining empirical mapping of principle of sentencing and death penalty system, several local professionals in this field, including experienced lawyers and senior judges, may participate as guest speakers in this course.

 

11.      Comparative Criminal Law (36 hours, 2 credits)

This course will make analysis and comparison between the central European Criminal Law and the common local criminal law, 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) sources of criminal law; 2) Basic principles of the criminal law; 3) criminal constitution theory; 4) criminal pattern ; 5) Theory of punishment; 6) Comparative studies on principle and system of sentencing; 7)Comparative studies on theory of crimes; 8) Comparative studies on miscarriages of justice; 9) Comparative studies on right relief; 10) Comparative studies on human rights. In order to assist the students in gaining empirical mapping of Comparative Criminal Law, local professionals in this field may participate into this course as guest speakers.

 

12.     International Investment and Chinese Criminal Law (36 hours, 2 credits)

   This course starts from the exposition of the current Chinese Law related to the international investment, especially the legal norms in the area of export and import, distribution, representative office, joint venture, wholly foreign owned enterprise, tax, foreign exchange, labor, etc., and illustrates the relative criminal liability risks as well as the applicable criminal dispositions, in order to provide students with a comprehensive analysis of the relevant rules.