- Class Number 4614
- Term Code 3350
- Class Info
- Unit Value 6 units
- Mode of Delivery In Person
- Dr Clement Chen
- Class Dates
- Class Start Date 03/07/2023
- Class End Date 01/09/2023
- Census Date 21/07/2023
- Last Date to Enrol 04/07/2023
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, explain and analyse key concepts, principles and institutional arrangements of contemporary Chinese law and Chinese legal system.
- Investigate and critically examine legislation, cases and other sources relating to selected topics
- 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
- Plan and complete a research project which reflects awareness of the specific context of Chinese law and society
1. Describe, explain and analyse key concepts, principles, doctrines and institutional arrangements of contemporary Chinese law and the Chinese legal system, and communicate this knowledge to diverse audiences;
2. Investigate and critically examine legislation, significant cases, and other sources related to selected topics;
3. Investigate and evaluate the relevance of historical and extra-legal factors to the developments of Chinese law and/or the evolving role of law in Chinese society;
4. Outline, synthesise and review a range of ideas and arguments about the functioning of the Chinese legal system and other issues related to contemporary Chinese law and society;
5. Plan and execute a research project which demonstrates an understanding of the specific context of Chinese law and society and the ability to evaluate relevant materials.
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
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 details on weekly classes and any announcements and updates relating to the course.
|Summary of Activities
|Course Overview Introduction to the Study of Chinese LawSource of Law (1)
|Seminar: The Conception of Chinese Law
|Source of Law (2)History: Traditional Chinese Law (Pre-recorded)History: Late Qing Law Reform and Republican Legal Orders
|Seminar: Resolution of Conflict of Norms
Seminar: Modernisation of Chinese Law
|Constitutional Law (1)The Courts
|Seminar: Judicial Independence
|The ProcuratoratesCriminal Procedural Law
|Seminar: Presumption of Innocence
|Criminal LawHistory: Law in the Maoist Era (Pre-recorded)
|Seminar: Nulla poena sine legeSeminar: Law Enforcement and Political Campaign
|Civil LawHistory: Law Reform in Deng's Era
|Seminar: Mediation and Civil Dispute Resolution
|International Law (Guest Lecture)Administrative Law (1)
|Administrative Law (2) and Constitutional Law (2)Administrative Dispute Resolution History: Discourses and Reforms about the Rule of Law in 1990-2010
| Seminar: Grounds of Judicial Review
Seminar: Traditional and Socialist Understanding of fazhi
|Lawyers and Rights-Defence Movements Non-criminal Punishments (Pre-recorded)Discussion of the Assignments
|Seminar: The Role of Law for Advancing Social Justice
There are no tutorials in this course.
|Return of assessment
|In-class Presentation and Participation
* 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:
The 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 Academic Skills website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.
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.
This is a semi-intensive course with classes that will be delivered from 1pm - 5pm, Wed, Thu and Fri between 5 - 21 July 2023.
There is no final examination for this course.
Assessment Task 1
Learning Outcomes: 1,2,3,4
In-class Presentation and Participation
Details of Task: Each student is required to participate in a group presentation which orally presents their group’s response to the assigned seminar question(s). The group composition will be determined through the ‘Group Self-selection Sign-up Form’, which can be accessed on the Wattle page. The group presentations will commence from the third meeting of the class. In addition, each student is expected to engage in seminar discussions during each class.
Nature of Task: Compulsory and non-redeemable. No participation will result in a mark of zero for this assessment task.
Release Date: The group composition will be announced in the second meeting of the class (Thursday, 6 July 2023).
Due Date: Ongoing. Due to the nature of the task, late submission or extension is not permitted.
Estimated Return Date: 4 August 2023 via WATTLE (two weeks after the end of the lecture period). Feedback will be provided in class; mark will be provided when all students have completed their presentation.
- understanding and discussion of relevant issues;
- critical thinking;
- effective communication and delivery, which promotes or facilitates further discussion of the class; and
- ability to work as group to make cohesive presentation.
Assessment Task 2
Learning Outcomes: 1,2
Details of task: Students must answer 15 multiple-choice questions to be completed within 60 minutes. The questions will focus on the content covered in the first four classes of the course.
Nature of Task: This task is compulsory. Failure to complete the assignment will result in a mark of zero for this task.
Release date: 9am, Thursday, 13 July 2023 via the course WATTLE site.
Due date: 5pm, Tuesday, 18 July 2023. Due to the nature of the task, late submission is not permitted. As this task is open for more than 24 hours, no time adjustments shall be applied for this task. If you experience extenuating circumstances and cannot attempt the assessment on the due date and time, you should apply for an extension here . The College will give you one final opportunity to complete the assessment, at the same time one week later. If you have already accessed the assessment, you will not be approved an extension and will need to complete the task by the due date. However, you may apply for special consideration for your circumstances to be considered.
Estimated return date: Wednesday, 26 July 2023 via the course WATTLE site.
Assessment Criteria: Assignments will be graded according to how well students:
- have understood a variety of issues raised in the course;
- accurately identify the relevant issue(s); and
- adequately and decisively address the relevant issue(s).
Assessment Task 3
Learning Outcomes: 1,2,3,4,5
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, 27 July 2023 (six days after the end of the lecture period) 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: All references should be compliant with the current edition of the Australian Guide to Legal Citation.
Other requirements: The annotated bibliography should be double-spaced in 12pt font.
Estimated Return Date: Friday, 11 August 2023 via the course WATTLE site.
- Research of primary legal and secondary academic material;
- Critical analysis of the academic literature;
- Appropriate written expression;
- Effective use of words and word limit to address key issues; and
- Appropriate use of academic conventions.
Assessment Task 4
Learning Outcomes: 1,2,3,4,5
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 5) 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 31 August 2023 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.
Referencing Requirements: Footnotes should be used for the referencing of all sources. All references should be compliant with the current edition of the Australian Guide to Legal Citation.
Other Requirements: The essay should be double-spaced in 12pt font. It should include a list of references at the end.
Estimated Return Date: 26 September 2023
- Identification of and response to the problem/issue drawing on legal and contextual material appropriately;
- Quality of argument;
- Critical evaluation of material and response to possible objections;
- Creativity in approach;
- Research of primary and secondary sources;
- Appropriate written expression and use of academic conventions; and
- Structure and effective use of words.
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.
You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable.
For 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 granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period.
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.
All marks and feedback will be provided by the return date listed in the class summary.
Extensions and Penalties
Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted 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