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. Synthesise and communicate key concepts, principles and institutional arrangements of contemporary Chinese law and the Chinese legal system.
2. Critically examine legislation, cases, and scholarly writings, and apply relevant rules to address selected legal questions in the context of Chinese law and society. 
3. Evaluate the impact of extra-legal factors to the developments of Chinese law and/or the changing role of law in Chinese society. 
4. Critically reflect on the functioning of the Chinese legal system and contemporary issues and contribute to scholarly debates.
5. Plan and conduct research 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 whole class, groups, individuals, focus group etc

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). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

Other Information

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

Extensions, late submission and penalties: https://law.anu.edu.au/current-students/forms-policy-procedures

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 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 is a valuable resource for gaining a comprehensive understanding of AI's role in academia.

• The ANU Academic Skills site provides useful information to ensure that you leverage AI responsibly and effectively.

• The ANU College of Law Academic Integrity and Misconduct site 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)	In line with the University’s recording policy, lectures will be recorded and made available for students on Echo360. However, lecture recordings are only an additional resource and they should not be taken as a substitute for regular attendance. If a recording does fail, there is no guarantee a replacement recording will be provided.
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	History: 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

ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.

Assessment Summary

Assessment task	Value	Due Date	Learning Outcomes
Oral Presentation	20 %	*	1,2,3
Quiz	0 %	*	1,2,3
Participation	10 %	*	1,2,3
Essay	70 %	29/05/2025	1,2,3,4,5

* 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 Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Extenuating Circumstances Application
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

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 examination for this course.

Assessment Task 1

Oral Presentation

Details of Task: Each student shall prepare and participate in a Group Presentation in accordance with the ‘Group Self-Selection’ sign-up form available on the course’s Wattle page. You will present as part of a group but will be given an individual grade. Each group shall address the seminar topic and readings for the day on which it presents. The presentation will normally take place in the second or third session of the class. It should last no more than 12 minutes for an average-sized group of 4 students. In addition, each student is expected to engage in seminar discussions during each class (see AT3). Each group shall also submit a Reflection Journal of no more than 400 words on the topic. One day before your group’s presentation, please post your reflection journal on the course’s Q+A forum.

Nature of Task: Compulsory and non-redeemable. No participation will result in a mark of zero for this assessment task.

Duration: 12 minutes for each group if the enrolled cohort is more than 80 students.

Weighting: 20%

Release: The group composition will be announced in class.

Due Date: Ongoing. Feedback will be provided in class; mark will be provided when all students have completed their presentation. Due to the nature of the task, late submission or extension is not permitted.

Assessment Criteria:

• 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

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

Weighting: 0%

Release: Week 5

Due Date: The optional online quiz will remain open until the end of week 6.

As this quiz 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

Participation

Details of Task: Students are expected to participate in in-class seminar discussions. They will report the discussion results to the whole class as designated by the lecturer. Topics or problem solving questions will be provided from Week 2 on.

Nature of Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 10%

Due Date: Ongoing. Late submission (without an extension) is permitted, although late penalties will apply. All references should be compliant with the current edition of the Australian Guide to Legal Citation.

Estimated Return Date: Official end of semester results release date.

Assessment Criteria:

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

Assessment Task 4

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: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 70%

Release: Topics will be provided via Wattle in week two of the course and discussed in the first lecture of the course.

Word Limit: 4,200 words. The ANU College of Law's Word Length and Excess Word penalties policy can be found here. Assessment must be submitted in a word processing file format (.doc, .docx). PDF files are not acceptable.

Due Date: 5pm, Thursday 29 May 2025. Late submission (without an extension) is permitted, although late penalties will apply.

Estimated Return Date: Official end of semester results release date.

Assessment Criteria: An assessment rubric will be available in Wattle.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

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

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material. Any use of artificial intelligence must be properly referenced. Failure to properly cite use of Generative AI will be considered a breach of academic integrity.

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 Accessibility 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 supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents all ANU students