78026 Business and Law in China
Warning: The information on this page is indicative. The subject outline for a
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 2024 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ( 70211 Contracts OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of 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. See access conditions.
Anti-requisite(s): 76009 Introduction to Chinese Business Law 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 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 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 online discussion skills and the ability to respond to feedback from one's peers; |
| 5. | demonstrate awareness of cultural diversity issues, particularly within the Chinese context. |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- Critical Analysis and Evaluation
a. A capacity to think critically, strategically and creatively, including an ability to identify and articulate complex legal issues, apply reasoning and research to generate appropriate theoretical and practical responses, and demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses.
b. Identify, synthesise and articulate complex legal and technical issues and apply advanced analytical skills to identify and generate clear, succinct and novel responses in professional practice or research. (3.1) - Research Skills
a. Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues and demonstrate advanced intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions.
b. Research, identify and evaluate technical information, legal judgments and issues to interpret, justify, or critique propositions, conclusions and professional decisions that are underpinned by ethical research practices in professional practice or research. (4.1) - Collaboration
a. Specialised collaboration skills, including effective team work to achieve a common goal in a group learning environment or the workplace.
b. Take responsibility to give feedback and to respond to feedback in a professional context, to work effectively with colleagues and other stakeholders and to resolve challenges through effective negotiation. (6.1) - Self-Management
a. A high level of autonomy, accountability and professionalism, the ability to implement appropriate self-management and lifelong learning strategies including initiating self-directed work and learning, judgment and responsibility, self-assessment of skills, personal wellbeing and appropriate use of feedback, and a capacity to adapt to and embrace change.
b. Evaluate and implement their own professional development and incorporate personal skills in order to work with autonomy as a responsible and adaptable practitioner is a professional or higher degree research environment. (8.1)
Teaching and learning strategies
Strategy 1:
Online podcasts and slides/materials will be posted on Canvas to introduce key principles and background for each of the subject topics. These materials will support deeper learning and student engagement by highlighting ethical issues and legal problems in a Chinese commercial context with a view to advising a range of potential clients in a corporate legal practice environment. Students should review the relevant podcasts and required reading materials before completing the required online discussion activity in Strategy 2.
Strategy 2:
Collaborative learning via active participation in online discussion. Participation on Canvas Discussions is very important to your learning in this subject. Canvas Discussions enable you to raise issues, ask questions of lecturers and other students, respond to points made by other students, post interesting and relevant articles you have found and as far as possible converse with other class members as you would in a face-to-face class.
Strategy 3:
Critical reflection on your learning via a short summary of your previous Canvas Discussion contributions, and consideration of how your views of the Chinese legal system have been shaped or changed by the subject.
Strategy 4: Independent research:
You will undertake independent research and complete an extended research essay on a topic of your choice relevant to the subject. Independent research will enable you to develop in-depth critical understanding of specific issues. There will be scaffolding for development of research essay skills throughout the session. Students will receive formative feedback from the lecturer on their choice of topic and their essay outline prior to submission. The research essay assessment will also help you to develop skills in locating and evaluating reliable academic and industry sources that will assist you to practice law with a China focus.
Strategy 5: Feedback
Feedback is essential to effective learning, to enable you to learn the substantive principles and critical analysis necessary to be a lawyer culturally nuanced in how Chinese business laws operate within their distinctive political and social context.
Feedback is provided throughout this subject in the form of peer commentary/responses, as well as lecturer input via Canvas Discussions and on your final Research Essay.
In addition, lecturer feedback will be provided to correct legal inaccuracies that may occur in online student responses, to guide discussions, and to indicate how the group as a whole is performing. Individual students may also contact the lecturer to arrange a face-to-face or zoom meeting.
Subject Delivery:
This subject is entirely online with no face-to-face classes; we will make extensive use of UTS Canvas and other online resources to complement the lectures. You should regularly check the subject webpage on UTS Canvas to keep up with developments during the course. Throughout the semester, you are expected to complete the required readings in advance of each online discussion assignment, and to demonstrate evidence of your reading in your online posts.
Content (topics)
- 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 task 1: Online Participation
| Objective(s): | This task addresses the following subject learning objectives: 1, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 3.1, 6.1 and 8.1 |
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| Weight: | 30% |
| Length: | Approximately half a page (12 point font) per online post. Total word equivalent for whole session = approximately 1500 words |
| Criteria: |
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Assessment task 2: Critical Reflection
| Intent: | Developing online discussion skills and ability to respond to feedback from peers, and cultural diversity awareness |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 3.1 |
| Weight: | 10% |
| Length: | One page in 12-point Times New Roman font, approximately 300-500 words. |
| Criteria: |
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Assessment task 3: Research Essay
| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 3 This task contributes specifically to the development of the following graduate attributes: 3.1, 4.1 and 8.1 |
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| Weight: | 60% |
| Length: | 2800 words, not including footnotes or bibliography, with 10% leeway |
| Criteria: |
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Required texts
There is no prescribed textbook for this subject, but there are Required Readings that will be posted on Canvas under the Modules for each Topic. All the Required Readings are available electronically, either through UTS Library or web links. Your online participation mark will be partly based on your demonstrated knowledge and understanding of the Required Readings in your online posts and replies.
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)
And for a good summary of the Xi Jinping era, see McGregor's other book:
McGregor, Richard, Xi Jinping: the Backlash (Penguin Books, 2019).
Other useful sources on each topic will be provided at the end of the relevant podcast slides
Other resources
See other materials listed on Lecture Notes which will be posted prior to each class session on Canvas