- Class Number 7082
- Term Code 3260
- Class Info
- Unit Value 6 units
- Mode of Delivery Online or In Person
- Dr Clement Chen
- Class Dates
- Class Start Date 25/07/2022
- Class End Date 28/10/2022
- Census Date 31/08/2022
- Last Date to Enrol 01/08/2022
This an LLB/JD course on Chinese law. Its aim is to introduce students to the contemporary legal system of the People’s Republic of China (PRC).
The course examines the legal institutions and procedural and substantive laws of the PRC. Principal attention is given to legal developments since the early 1980s, although relevant features of the cultural foundations of the current legal system are also considered.
The course enables students to develop their understanding of the principal values, norms, processes and institutions of the PRC’s contemporary legal system. It considers:
• Key attributes of Chinese legal culture
• Cultural and ideological foundations, political context and institutional dimensions of the Chinese legal system
• Substantive and procedural dimensions of criminal, civil and administrative justice in the PRC
• PRC’s laws and international law
Upon successful completion, students will have the knowledge and skills to:
- Describe, discuss, explain and analyse key notions and institutional arrangements of the Chinese law and Chinese legal system;
- Outline, summarise and/or synthesise ideas and arguments about Chinese law and contemporary Chinese society, and critique those ideas;
- Plan and complete a research project, with some independence;
- Work cooperatively with others, and communicate a knowledge of Chinese law to a variety of audiences.
1. Describe, explain and analyse key concepts, principles and institutional arrangements of contemporary Chinese law and Chinese legal system.
2. Investigate and critically examine legislation, cases and other sources relating to selected topics.
3. Outline, synthesise and critique a range of ideas and arguments about the operation of the Chinese legal system, the developments of Chinese law, and/or the changing role of law in the Chinese society.
4. Plan and complete a research project which reflects awareness of the specific context of Chinese law and society.
Jianfu Chen, Chinese Law: Context and Transformation. Revised and Expanded Edition (Nijhoff: Brill, 2016). E-copy available at ANU Law Library <https://library.anu.edu.au/record=b3907289 >.
Albert HY Chen, An Introduction to the Chinese Legal System, Fifth Edition (Hong Kong: LexiNexis, 2019); see also other sources to be posted on the course WATTLE site.
Staff FeedbackStudents will be given feedback in the following forms in this course:
- Written comments
- Verbal comments
- Feedback to the whole class, to groups, to individuals, focus groups
Student FeedbackANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.
Task submission times refer to Canberra time (AEST/AEDT).
Extensions, late submission and penalties: https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties
Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations
Special consideration: http://www.anu.edu.au/students/program-administration/assessments-exams/special-assessment-consideration
Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties
Distribution of Grades Policy: https://law.anu.edu.au/current-students/policies-procedures/grading
Further information about the course: is available from the course Wattle page. Students are required to access the Wattle site regularly throughout the course for any announcements relating to the course.
|Week/Session||Summary of Activities||Assessment|
|1||Part I (online class): Overview of the course; introduction to the study of Chinese law Part II (pre-recorded lecture): Legal Thoughts in Ancient China||Teaching activities in each week mostly consist of two parts. Part I focuses on an area of contemporary Chinese law, and Part II focuses on the historical development of Chinese law or selected issues that cut across different areas of law. In general, both parts will be delivered in the form of pre-recorded lecture. Part II may be delivered through Zoom (online live and recorded) every three weeks or so. Detailed schedule will be released in week one of the course.|
|2||Part I: Constitution Part II: Traditional Chinese Legal Systems|
|3||Part I: Sources of Law and Legislation Part II: Late Qing Law Reforms|
|4||Part I: Courts and Procuratorates Part II: Chinese Law in the First Half of the 20th Century|
|5||Part I: Criminal Law Part II: Law in the Maoist Era (I)|
|6||Part I: Criminal Procedure Part II: Law in the Maoist Era (II)|
|7||Part I: Administrative Law Part II: Law in the Reform Era|
|8||Part I: Administrative Litigation (Judicial Review) and Other Remedies Part II: Discourses of the Rule of Law in the Reform Era|
|9||Part I (online guest lecture; TBC): Lawyers and Protection of Rights Part II: Review of Assignments|
|10||Part I: Civil Law Part II: Selected Issues of Data Governance|
|11||Part I: International Law Part II: Selected Issues of the Enforcement of Law|
|12||Part I: Resolution of Civil Disputes Part II: Conclusions|
|Assessment task||Value||Due Date||Return of assessment||Learning Outcomes|
|Annotated Bibliography||15 %||25/08/2022||02/09/2022||3,4|
|Interim Assignment||15 %||06/10/2022||21/10/2022||1,2,3|
|Research Essay||70 %||03/11/2022||01/12/2022||1,2,3,4|
* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details
PoliciesANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:
- Student Assessment (Coursework) Policy and Procedure
- Special Assessment Consideration Policy and General Information
- Student Surveys and Evaluations
- Deferred Examinations
- Student Complaint Resolution Policy and Procedure
Assessment RequirementsThe ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the ANU Online website Students may choose not to submit assessment items through Turnitin. In this instance you will be required to submit, alongside the assessment item itself, hard copies of all references included in the assessment item.
Moderation of AssessmentMarks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.
For all courses taught in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the program. Students are expected to attend all classes.
Assessment Task 1
Learning Outcomes: 3,4
Details of Task: This is an annotated bibliography on a topic of choice that will be part of your research essay. You should include a minimum of three key academic readings that you will rely on when writing your essay. Readings should be in English. You should also include a minimum of one legislative document and one legal case and explain their relevance to your research essay. The annotated bibliography will provide you with the opportunity to identify and critically assess the key sources concerning one of several critical issues about Chinese law. It will particularly assist you in achieving learning outcomes 3 and 4 identified above.
Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.
Release Date: Topics will be provided via Wattle in week one of the course and discussed in the first lecture of the course.
Due Date: 5pm, Thursday 25 August 2022 via Turnitin. Late submissions (without an extension) are permitted, but late penalties will apply.
Word Limit: 1,000 words (not including bibliographical references). Assessment must be submitted in a word processing file format (.doc, .docx). PDF files are not acceptable.
Referencing Requirements: Refer to the current edition of the AGLC4.
Other requirements: The annotated bibliography should be double-spaced in 12pt font.
Estimated Return Date: Friday, 2 September 2022
- Research of primary legal and secondary academic material
- Identify relevant issues in the academic literature
- Appropriate written expression
- Effective use of words and word limit to address key issues
- Appropriate use of academic conventions
Assessment Task 2
Learning Outcomes: 1,2,3
Details of task:
This is an online test which will test your knowledge on the key subject areas covered in the first eight weeks of the course. The test will particularly assist you in achieving the learning outcomes 1 and 2 identified above. You will be given four questions among which you should choose two to provide long answers. Further details of the interim assignment will be released by/in Week 4.
Nature of Task: This task is compulsory. Failure to complete the assignment will result in a 0 for this task.
Release date: 30 September 2022 via the course WATTLE site.
Due date: 5pm, Thursday 6 October 2022 via Turnitin. Late submissions (without an extension) are permitted, but late penalties will apply.
Word limit: 1,000 words (not including footnotes). Assessment must be submitted in a word processing file format (.doc, .docx). PDF files are not acceptable.
Estimated return date: Friday 21 October 2022 via the course WATTLE site.
- Response to question
- Identify relevant issues
- Analysis of relevant facts
- Understanding and discussion of relevant law
- Persuasiveness of argument/s
- Structure including logical development of content
- Appropriate written expression.
Assessment Task 3
Learning Outcomes: 1,2,3,4
Details of Task: This is a close-study research essay which will provide you with the opportunity to engage in considerable depth with one of several critical issues concerning Chinese law. In so doing, the essay will particularly assist you in achieving all the learning outcomes (1 to 4) identified above. The research essay will be due after the end of the course, based on a list of topics provided.
Nature of Task: This task is compulsory. Failure to submit an essay will result in a 0 for this assessment task.
Release date: Topics will be provided via Wattle in week one of the course and discussed in the first lecture of the course.
Due Date: 5pm, Thursday 3 November 2022 via Turnitin. Late submissions (without an extension) are permitted, but late penalties will apply.
Word Limit: 3,000 words (not including bibliographical references). Assessment must be submitted in a word processing file format (.doc, .docx). PDF files are not acceptable.
Estimated Return Date: Official end of semester results release date via Turnitin.
- Clear identification of the problem/ issue drawing on contextual and secondary academic material appropriately
- Argument and response to question
- Critical evaluation of material
- Creative and originality of approach
- Research of primary legal and scholarly secondary sources
- Referencing and compliance with AGLC
- Effective use of words and word limit to address key issues
- Expression and written communication including use of legal terminology, spelling etc.
- Structure including logical development of content.
Academic IntegrityAcademic integrity is a core part of our culture as a community of scholars. At its heart, academic integrity is about behaving ethically. This means that all members of the community commit to honest and responsible scholarly practice and to upholding these values with respect and fairness. The Australian National University commits to embedding the values of academic integrity in our teaching and learning. We ensure that all members of our community understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with. The University has policies and procedures in place to promote academic integrity and manage academic misconduct. Visit the following Academic honesty & plagiarism website for more information about academic integrity and what the ANU considers academic misconduct. The ANU offers a number of services to assist students with their assignments, examinations, and other learning activities. The Academic Skills and Learning Centre offers a number of workshops and seminars that you may find useful for your studies.
Online SubmissionThe ANU uses Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. While the use of Turnitin is not mandatory, the ANU highly recommends Turnitin is used by both teaching staff and students. For additional information regarding Turnitin please visit the ANU Online website.
Hardcopy SubmissionFor some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.
Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:
- Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
- Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item.
- Late submission is not accepted for tests or examinations.
- Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been given an extension. Where an extension is granted, the revised due date and submission time is provided in writing. Please note that the revised due date is calculated by including weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date are penalised by 5% of the possible marks available for the assessment task per day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item.
Referencing RequirementsAccepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.
Extensions and PenaltiesExtensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure The Course Convener may grant extensions for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.
Distribution of grades policyAcademic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes. Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.
Support for studentsThe University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).
- ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
- ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
- ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
- ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
- ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
- ANUSA supports and represents undergraduate and ANU College students
- PARSA supports and represents postgraduate and research students
Dr Clement Chen