76009 Introduction to Chinese Business Law
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particular session, 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.
Subject handbook information prior to 2017 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ( 70327 Commercial Law OR (70110 Introduction to Law AND (76006c Public International Law OR 70108c Public International Law)))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Anti-requisite(s): 78026 Business and Law in China AND 78118 Business and Law in China
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 adopts a case-based, problem-solving approach to focus on the following areas:
- current legal system and legal/business culture of China
- Chinese investment law environment and how it differs from Australia
- corporate structures and the status of business corporations in China since China's accession to the World Trade Organization (WTO)
- the legal environment for foreign entities doing business in and with China, potential risks and case studies
- China's WTO compliance and Australia–China Free Trade Agreement — case studies.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | understand current legal and cultural issues affecting: (i) businesses in China, and (ii) foreign entities trading with or doing business within China; |
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| 2. | locate and analyse information on Chinese business law and applying such information to solve practical legal problems; |
| 3. | demonstrate research skills including location of relevant & reliable primary/secondary sources and critical analysis/logical presentation of those sources in an extended essay form; |
| 4. | demonstrate the development of online and in-class discussion skills and the ability to respond to feedback from one's peers; |
| 5. | demonstrate an awareness of cultural diversity issues, particularly within the Chinese context. |
Assessment
Assessment task 1: Class Participation
| Intent: | Learning about current legal issues in China, practicing in-class discussion skills, and discussing cultural diversity issues |
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| Weight: | 10% |
Assessment task 2: Online Participation
| Intent: | Developing online discussion skills and ability to respond to feedback from peers, and cultural diversity awareness |
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| Weight: | 15% |
Assessment task 3: In-Class Group Problems
| Intent: | Locating & analysing Chinese business law materials and applying them to solve practical problems |
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| Weight: | 15% |
Assessment task 4: Research Essay
| Intent: | Developing research and writing skills |
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Required texts
There is no textbook for this subject, but the following readings are required for each session, all available electronically:
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:
Pages 57-77 of OECD, OECD Investment Policy Reviews: China – Progress and Reform Challenges (2003), available via UTS Library Catalogue Databases: SourceOECD.
Pages 10-33 of OECD, China Investment Policy: An Update (2013), available at the following link: http://www.oecd.org/china/WP-2013_1.pdf
PRC Company Law (2014), English translation, available on UTSOnline
Session 3:
Yong Zhen, "China's Stock Market," chapter 1 of Yong Zhen, China's Capital Markets (Chandos Publishing 2013).
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.
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
Session 4:
Colin Hawes, “Corporate Culture and Incentive Systems: Haier and Huawei,” chapter 6 of Colin Hawes, The Chinese Transformation of Corporate Culture (Routledge 2012), available as e-reading via UTS library catalogue.
Colin Hawes & Shuyu Kong, "Primetime Dispute Resolution: Television Mediation Shows in China's 'Harmonious Society,'" Law & Society Review 47.4 (2013): 739-770.
Session 5:
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).
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.
Douglas Clark, "Toward a New IP World Order: Mainland China's Impact on IP Worldwide," in IP Client Strategies in Asia (Aspatore 2010), p.55-67.
Recommended texts
For a more 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)
