78026 Business and Law in China
Warning: The information on this page is indicative. The subject outline for a particular semester, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.
UTS: LawCredit points: 6 cp
Subject level:
Postgraduate
Result type: Grade and marksRequisite(s): (77885 Legal Process and Legal Research OR (60 credit points of completed study in 60 Credit Value spk(s): C04148 Master of Law and Legal Practice AND 70211 Contracts))
These requisites may not apply to students in certain courses. See access conditions.
Anti-requisite(s): 76009 Introduction to Chinese Business Law AND 78118 Business and Law in China
Handbook description
With China's emergence as a new economic superpower, and with ever-deepening business ties between Australia and China, it is crucial that students gain an up-to-date understanding of Chinese business law and an awareness of major differences between Australian and Chinese legal and business cultures. This subject focuses on areas of Chinese law that are most relevant for foreign businesses and for law firms with a China practice. Topic areas covered include:
- Chinese legal culture/business culture
- challenges of doing business in China — politics, bureaucracy, corruption, personal connections
- Chinese business enterprise law — state-owned enterprises, companies limited by shares, township and village enterprises, private entrepreneurs, foreign-invested enterprises
- pitfalls surrounding contracts and business transactions with Chinese enterprises
- foreign investment regime in China
- Chinese banking/finance system and capital markets
- business dispute resolution and litigation.
Subject objectives/outcomes
This subject will assist students to develop graduate attributes by pursuing the following learning objectives. Students will undertake class activities to practise their development of these attributes, and will complete a range of assessment tasks designed to assess their attainment of the identified attributes.
- An understanding of current legal and cultural issues affecting: (i) businesses in China, and (ii) foreign entities trading with or doing business within China; (GA 5,6,7,9)
- Skills in locating and analysing information on Chinese business law and applying such information to solve practical legal problems; (GA 2,3,5,8)
- Development of research skills including location of relevant & reliable primary/secondary sources and critical analysis/logical presentation of those sources in an extended essay form; (GA 1,2,3,4,6,8)
- Development of online and in-class discussion skills and the ability to respond to feedback from one s peers. (GA 1,3,8)
- Awareness of cultural diversity issues, particularly within the Chinese context. (GA 6,7,9,10)
Contribution to course aims and graduate attributes
The UTS, Faculty of Law has identified a number of professional attributes that graduates from the Faculty will possess upon graduation.
INTELLECTUAL
1.Critical Thinking: An appropriate level of independent thinking, creativity and critical analysis.
2.Analysis and Evaluation: An ability to strategically analyse issues of law, evaluate options and viewpoints to reach and implement decisions.
3.Spoken and Written Communication: Advanced oral and written communication skills.
4.Legal Research and Technological Literacy: Appropriate research techniques to acquire, distil and utilise legal information.
PROFESSIONAL
5.Disciplinary Knowledge: A coherent and extensive knowledge of substantive and procedural law.
6.Lifelong Learning: A capacity to continually update the knowledge skills and awareness appropriate to the practice of law.
7.Ethics: A capacity to value and promote honestly, accountability and ethical standards.
PERSONAL
8.Self and Cooperative Work Management: Self and priority management skills including cooperative work.
9.Cultural Awareness and a Global Outlook: An appreciation and valuing of cultural and intellectual diversity and an ability to function in a global environment.
10.Social Justice: An acknowledgement and acceptance of individual responsibilities and obligations and of the assertion of the rights of the individual and the community.
Teaching and learning strategies
This subject is structured in a semi-intensive format, meeting on four Saturdays during the semester. Teaching and learning strategies include a combination of lectures, group discussion, online feedback and online discussion.
Strategy 1 Interactive lectures
Strategy 2 Online and in-class discussion based on readings
Strategy 3 In-class group exercises with feedback
Strategy 4 Research supervision
Subject Delivery
This subject is offered in a semi-intensive format with only four face-to-face sessions, therefore we will make extensive use of UTSOnline and other online resources to complement the lectures. You should regularly check the subject web page on UTSOnline to keep up with developments during the course. Throughout the semester, you are expected to attend the lectures and do the required readings in advance of each class, as announced in class and/or posted on UTSOnline.
Lecture Format:
Lecture Notes will be posted on UTSOnline prior to each session, and students should either download or print out these notes and bring them to class. The lecture notes are just an outline of the topic, and students are expected to add to these notes during the class. In order to make the lectures more interactive, the lecture notes will also contain some discussion questions, for which students should prepared to offer their opinions in the class.
Tutorial Format and Expectation of Student Participation:
There are no formal tutorials in this subject, but one or more periods during each class session will be given over to small group discussions or small group exercises. Some of these will be graded (see assessments below). This will allow students to immediately apply what they have learned during the lectures.
Content
- Chinese Business Culture: Introduction
- Chinese Legal Culture
- PRC Company Law
- Foreign Investment Law and Regulation: Joint Ventures, Wholly Foreign Owned Enterprises, etc.
- Mergers and Acquisitions in China
- Chinese Capital Markets and Financial Institutions
- Concepts of Private Property and Real Estate Law
- Chinese Intellectual Property Law
- Negotiating and Drafting Contracts in China
- Dispute Resolution: Mediation, Arbitration, Litigation
Assessment
Assessment Item 1: Class Participation
| Intent: | Learning about current legal issues in China, practicing in-class discussion skills, and discussing cultural diversity issues |
| Objective(s): | Objectives 1,4 & 5 |
| Weighting: | 10% |
Assessment Item 2: Online Participation
| Intent: | Developing online discussion skills and ability to respond to feedback from peers, and cultural diversity awareness |
| Objective(s): | Objectives 4 & 5 |
| Weighting: | 15% |
Assessment Item 3: In-Class Group Problems
| Intent: | Locating & analysing Chinese business law materials and applying them to solve practical problems |
| Objective(s): | Objectives 2 |
| Weighting: | 15% |
Assessment Item 4: Research Essay
| Intent: | Developing research and writing skills |
| Objective(s): | Objectives 3 |
Required texts
There is no prescribed textbook for this subject, but the following lists the required readings, all of which are available as electronic journal articles via UTS Library Catalogue or online:
Session 1:
Tim Ambler and Morgan Witzel, Doing Business in China (either 2004 or 2008 edition is ok), chaps. 4 & 8.
Randall Peerenboom, “Dispute Resolution in China: Patterns, Causes and Prognosis” Latrobe Legal Studies Working Paper 2008/9, available at http://ssrn.com/abstract =1265116
Session 2:
OECD, OECD Investment Policy Reviews: China – Open policies towards mergers and acquisitions (2006), available via UTS Library Catalogue Databases: SourceOECD.
OECD, Recent Developments in China’s Policies towards Cross-Border Mergers and Acquisitions (Dec.2006), available via UTS Library Catalogue Databases: SourceOECD.
PRC Company Law (2005), English translation, available on UTSOnline
Session 3:
Wang, Jiangyu. “Dancing with Wolves: Regulation and deregulation of foreign investment in China’s stock market.” 5 Asian-Pacific Law & Policy Journal (2004): 1-61.
Parts III, IV, V and VI of Gregory M. Stein, “Acquiring Land Use Rights in Today’s China: A Snapshot from on the Ground” Pacific Basin Law Journal 24.1 (2006), available at www.ssrn.com
Kevin J. O'Brien and Lianjiang Li, “Suing The Local State: Administrative Litigation in Rural China,” The China Journal, No. 51 (January 2004): pp.75-95.
Session 4:
Read pp.27-33 and pp.47-69 of Stanley Lubman, "Looking for Law in China", Columbia Journal of Asian Law 20.1 (Fall 2006): pp.1-92.
Randall Peerenboom & Kathleen Scanlon: "Special Report: Mediation -- An Untapped Dispute Resolution Option", China Business Review 32.4 (July/August 2005), p.36-41.
Douglas Clark, "Intellectual Property Litigation in China", China Business Review 31.6 (Nov/Dec 2004), p.25-30.
Recommended texts
For a detailed introduction to the current Chinese legal system, see:
Randall Peerenboom, China’s Long March Toward Rule of Law (Cambridge University Press, 2002).
For a useful account of doing business in China, see:
Crombie, Gavin, The Way of the Dragon: A Guide for Australians Doing Business in China (Wrightbooks, 2005)
A highly recommended introduction to the influence of the Chinese Communist Party on business and society today is:
McGregor, Richard, The Party: The Secret World of China’s Communist Rulers (London: Allen Lane, 2010)
Other resources
See other materials listed on Lecture Notes which will be posted prior to each class session on UTSOnline
