CHINESE LEGAL TRADITION AND LEGAL CHINESE
2018/2019, Semester 1
Modular Credits: LL4009V ( 5 ) / LL5009V ( 5 ) / LL6009V ( 5 )
This courses provides an introduction to the contempoary Chinese legal system, covering its historical evolution, legal culture, sources of law, key legal institutions, the legal profession, and selected areas of law, as well as, practical legal Chinese in terms of reading and drafting legal documents in Chinese.
It is conducted entirely in Mandarin and is intended for students who possess a basic level of legal Chinese.
Unfamiliarity with Chinese legal materials and inability to comprehend legal Chinese are common disadvantages faced by Singapore lawyers advising clients who do business in China. This course aims to deal with this by offering practical skills in the context of an understanding of the broader legal system and legal culture of China. Students are given selected Chinese legal articles, statutes, court decisions and other legal documents and instruments to read and are required to undertake practice assignments in Chinese. After the study, students will be expected to be able to interpret Chinese legal concepts in Chinese.
Particularly, we will
examine the history, structure, and basic principles and methods of the legal system in China;
consider the historical, social and cultural contexts in which Chinese law has evolved and operated, and understand the role of law in China's political, social, and economic developments;
study original Chinese legal documents including statutes, court rulings, government publications, journal articles, and news and commentaries.
learn the skills and methods essential to the understanding and practice of Chinese law, such as statutory interpretation, case analysis, legal research, legal writing and dispute resolution.
(a) NUS Compulsory Core Law Curriculum or equivalent. (b) Students must have obtained a B4 and above in CL or CL2 (AO Level) or B4 and above in Higher Chinese (HCL or CL1)
The teaching period will be 13 weeks, including one revision week. Please be advised that there might be a make-up class or two when the professor’s or other schedule interferes with the normal class schedule. It also possible that, after the second week, the sequence of teaching topics might be changed but notice will be given in advance.
The following topics will be examined in class:
An overview of the Chinese legal system [中国法律制度概论].
Imperial legal traditions and its impact on the contemporary Chinese legal system [中国古代法律传统及其当代影响].
Public law (Constitutional and administrative law) and its political background [公法及政治制度].
The Judicial system [司法制度：法院及检察院].
Lawyers and the legal profession [律师制度].
The Civil law system and legal reasoning in China [中国的民法制度与民法思维].
The law of business organizations, including foreign investment law [商事组织法，包括外商投资企业].
Criminal law and criminal procedural law [刑法与刑事诉讼法].
Hong Kong, Macau, Taiwan and the "One Country, Two Systems" [香港、澳门、台湾与一国两制].
Legal drafting [法律文书写作].
Final Exam - 40%; Class Participation - 20% & Mid-term Exam (translation: 5000 words) - 40%. The translation assignment will be given in Week 4 and should be submitted in Week 9.
Exchange students from law schools in China and post-graduate students who are graduates of law schools in China are precluded from taking this course for credit.
Workload Components : A-B-C-D-E
A: no. of lecture hours per week
B: no. of tutorial hours per week
C: no. of lab hours per week
D: no. of hours for projects, assignments, fieldwork etc per week
E: no. of hours for preparatory work by a student per week