50262 - CHINESE BUSINESS LAW

Though there are no prerequisite courses, it's recommended that students have an understanding of basic private and business law. On the other hand, no knowledge of China or Chinese language is necessary.

The primary focus of this course is to introduce to students the legal framework in which business law is regulated and practiced in China. Students are encouraged to think critically about the law and institutions in China compared to their own. A series of fundamental doctrinal topics of Chinese private and business law will be studied from a comparative perspective through real cases. Students are expected to evaluate the impact of legal transplants from European civil law and American corporate law and appreciate the doctrinal invention of Chinese law. In the end, this course will provide students a clear roadmap and a solid foundation for an increasingly promising China-related cross-border commercial practice.

A. Chinese legal tradition

B. Constitutional Structure

C. Judiciary

D. Contract Law

E. Torts

F. Property Law

G. Corporations

H. Fiduciary Duties

I. Insider Trading

·         understand and critically assess Chinese judicial system and court structure;

·         develop a general understanding of Chinese private and business law and how some of the fundamental doctrines in Western law might be interpreted differently in China;

·         acquire the ability to spot legal issues from and apply doctrinal knowledge to cases.

apply the legal doctrines to the facts;

identify the shortcomings of the rules and regulations; 

analyze the possibilities in which a given case might come out .

• Lezioni frontali
• Lezioni online
• Testimonianze (in aula o a distanza)
• Analisi casi studio / Incidents guidati (tradizionali, multimediali)
• Lavori/Assignment individuali

The Socratic method is the main teaching method. Both attending and non-attending students are expected to familiarize themselves with the facts, legal issues, arguments of the assigned cases before class. Discussions of cases are the essential component of the course.

There will be a one- hour long open-book exam at the end of the course. Students are allowed to consult any books or notes. No internet access is allowed.

In terms of exam format: there will be five multiple choice questions each bearing two points, and two open-ended questions based on factual scenarios each bearing 10.5 points.

The purpose of the written test is to examine students' ability to spot legal issues from a set of facts and apply the law to the factual scenarios. 

There will be five bonus points that students can earn throughout the course. Three of these points are based on students' performances in class and two more points are based on students' participation in four guest lectures.

For the bonus points, the learning outcome is to evaluate statutory law and doctrines critically. 

There will be a one- hour long open-book exam at the end of the course. Students are allowed to consult any books or notes. No internet access is allowed.

In terms of exam format: there will be five multiple choice questions each bearing two points, and two open-ended questions based on factual scenarios each bearing 10.5 points.

The purpose of the written test is to examine students' ability to spot legal issues from a set of facts and apply the law to the factual scenarios. 

James Gordley, Hao Jiang & Arthur von Mehren, An Introduction to the Comparative Study of Private Law: Readings, Cases, Materials (Cambridge University Press, 2021)

Excerpts from Klein, Ramseyer, Bainbridge, Business Associations 10th edition (Foundation Press)

Materials prepared by the instructor on Chinese corporate law.

James Gordley, Hao Jiang & Arthur von Mehren, An Introduction to the Comparative Study of Private Law: Readings, Cases, Materials (Cambridge University Press, 2021)

Excerpts from Klein, Ramseyer, Bainbridge, Business Associations 10th edition (Foundation Press)

Materials prepared by the instructor on Chinese corporate law.