This course aims 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 discussions also cover relevant features of the historical and cultural foundations of the modern Chinese legal system and discourses on the role of law in different epochs.

The course enables students to develop their understanding of the principal values, norms, processes and institutions of the PRC’s contemporary legal system. Adopting comparative and context-based approaches, it considers:

• Key attributes of the Chinese legal culture
• Cultural and ideological foundations, political context and institutional dimensions of the modern Chinese legal system
• Substantive and procedural dimensions of criminal, civil and administrative justice in the PRC
• The relationship between international law and legal reforms in the PRC

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Analyse and communicate key concepts, principles and institutional arrangements of contemporary Chinese law and the Chinese legal system.
2. Research and critically examine legislation, cases and other sources relating to selected topics in the context of Chinese law and society.
3. 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. Complete a research project on an area of Chinese law and society. 

Research-Led Teaching

Learning Outcomes:

1. Analyse and communicate key concepts, principles and institutional arrangements of contemporary Chinese law and the Chinese legal system.

2. Research and critically examine legislation, cases and other sources relating to selected topics in the context of Chinese law and society.

3. 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. Complete a research project on an area of Chinese law and society.  

Required Resources

Jianfu Chen, Chinese Law: Context and Transformation. Revised and Expanded Edition (Nijhoff: Brill, 2016). E-copy available at ANU Law Library .

Recommended Resources

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 Leganto platform.

Staff Feedback

Students 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 Feedback

ANU 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.

Other Information

Task submission times refer to Canberra time (AEST/AEDT).

Extensions, late submission and penalties: https://law.anu.edu.au/extensions-late-submission-and-penalties

Extenuating circumstances: https://www.anu.edu.au/students/program-administration/assessments-exams/extenuating-circumstances-application

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Penalties for excess word length: https://law.anu.edu.au/word-length-and-excess-word-penalties

Distribution of grades policy: https://law.anu.edu.au/grading

Assessment Reviews and Appeals: https://law.anu.edu.au/assessment-review-and-appeals

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.

Artificial Intelligence (AI)

The ANU Academic Integrity website (https://www.anu.edu.au/students/academic-skills/academic-integrity ) provides information about services available to assist students with their assignments, examinations and other learning activities, as well as providing clear guidance on the responsible and ethical use of AI technologies.

The following resources may also be useful:

• The ANU Library's Libguide (https://libguides.anu.edu.au/generative-ai ) is a valuable resource for gaining a comprehensive understanding of AI's role in academia.

• The ANU Academic Skills site (https://www.anu.edu.au/students/academic-skills ) provides useful information to ensure that you leverage AI responsibly and effectively.

• The ANU College of Law Academic Integrity and Misconduct site (https://law.anu.edu.au/academic-integrity-and-misconduct ) provides content related to legal implications, ethical guidelines, and considerations when dealing with AI in the context of law.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Course Overview Introduction to the Study of Chinese LawSource of Law (1)
2	Source of Law (2)Constitutional Law (1)
3	Constitutional Law (2)The Courts
4	History: Traditional Chinese Law; Late Qing Law Reform; Republican Legal Orders
5	The ProcuratoratesCriminal Procedural Law (1)
6	Criminal Procedure Law (2)
7	Criminal LawHistory: Law in the Maoist Era
8	Administrative Law: Substantive LawContext: Non-criminal Punishment
9	Administrative Law: RemediesContext: Law Reform in Deng’s Era
10	Human Rights and the Fora of AccountabilityContext: Rights-Defence Movements
11	System of Norms: A Law & Society Perspective
12	Context: Legal Authority, Governance and Technology

Tutorial Registration

There are no tutorials in this course.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
In-class Presentation and Participation	15 %	*	*	1,2,3,4
Optional Online Quiz	0 %	30/08/2024	30/08/2024	1,2
Annotated Bibliography	25 %	29/08/2024	26/09/2024	1,2,3,4
Research Essay	60 %	24/10/2024	*	1,2,3,4

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU 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 Requirements

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 Assessment

Marks 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.

Participation

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.

Examination(s)

There is no final examination for this course.

Assessment Task 1

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 second 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.

Weighting: 15%

Release Date: The group composition will be announced in the class.

Due Date: Ongoing. Due to the nature of the task, late submission or extension is not permitted. 

Estimated Return Date: Feedback will be provided in class; mark will be provided when all students have completed their presentation.

Assessment Criteria:

1. understanding and discussion of relevant issues;
2. critical thinking;
3. effective communication and delivery, which promotes or facilitates further discussion of the class; and
4. ability to work as group to make cohesive presentation.

Assessment Task 2

Optional Online Quiz

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 optional. This assessment task is designed to give students an opportunity to receive feedback on their progress in the course.

Weighting: 0%

Release date: 9am, Tuesday, 28 August 2024 via the course WATTLE site.

Due date: 5pm, Friday, 30 August 2024. As this task is open for more than 24 hours, no time adjustments or extensions shall be applied for this task.

Estimated return date: Results are available immediately upon completion of quiz.

Assessment Criteria: This task is marked automatically according to accuracy of understanding of course content.

Assessment Task 3

Annotated Bibliography

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.

Weighting: 25%

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, 29 August 2024 via Turnitin. Late submissions (without an extension) are permitted, but late penalties will apply. 

Word Limit: 1,250 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: Thursday, 26 September 2024 via the course WATTLE site.

Assessment Criteria:

1. Research of primary legal and secondary academic material;
2. Critical analysis of the academic literature;
3. Appropriate written expression and use of academic conventions;
4. Effective use of words and word limit to address key issues; and
5. Adherence to AGLC.

Assessment Task 4

Research Essay

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.

Weighting: 60%

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 24 October 2024 via Turnitin. Late submissions (without an extension) are permitted, but late penalties will apply. Please be mindful that if you are in your final semester, late submissions will have an impact on your eligibility to graduate on time.

Word Limit: 3,000 words (including footnotes but excluding 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: Official end of semester results release date.

Assessment Criteria:

1. Identification of and response to the problem/issue drawing on legal and contextual material appropriately;
2. Quality of argument;
3. Research of primary and secondary sources;
4. Critical evaluation of material and response to possible objections;
5. Appropriate written expression and use of academic conventions;
6. Structure and effective use of words; and
7. Adherence to AGLC.

Academic Integrity

Academic 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 Submission

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. You must ensure that you upload the correct document on the specified submission due date and time. Any document modified after the due date and time will either incur a late penalty or will NOT be accepted. 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.

Hardcopy Submission

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.

Late Submission

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 Requirements

Accepted 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.

Returning Assignments

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.

Resubmission of Assignments

Resubmission is not guaranteed. Please ensure that you have reviewed your submission carefully before you submit.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information. In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service — including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy. If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic 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 students

The 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