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 2025 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.
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 apply such information to solve practical legal problems; |
| 3. | Identify and synthesise relevant and reliable primary and secondary sources to creatively and critically evaluate factual and legal issues to support original and persuasive oral and written arguments; |
| 4. | Develop online and in-class discussion skills to hear and engage with other points of views with respectful attitudes and respond to feedback from one's peers; |
| 5. | Develop an 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:
- Legal Knowledge
A coherent understanding of fundamental areas of legal knowledge including:
a. The Australian colonial and post-colonial legal system, international and comparative contexts, theoretical and technical knowledge;
b. The broader contexts within which legal issues arise and the law operates including cultural awareness, social justice and policy;
c. The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and
d. The principles and values of justice and ethical practices in lawyers' roles. (LAW.1.1) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively, including the ability to:
a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
b. Apply reasoning and research to generate appropriate responses;
c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1) - Communication
Effective and appropriate communication skills including:
a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
b. An ability to communicate to inform, analyse, report and persuade;
c. An ability to strategically select an appropriate medium and message;
d. An ability to assess how messages are received and alter communication strategies accordingly; and
e. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.5.1) - Collaboration
Effective and appropriate collaboration skills in working together to achieve a common goal in a group learning environment or the workplace including:
a. An ability to give and receive feedback;
b. Appropriate professional and interpersonal skills in working collaboratively;
c. A capacity to develop strategies to successfully negotiate group challenges; and
d. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.6.1)
Teaching and learning strategies
Strategy 1 (interactive seminars): The seminars involve interactive class discussion with peers and the lecturer about pre-assigned problems, exercises, audio-visual material and readings. Students will learn through collaborative practice-based exercises, both graded and non-graded, in seminars that will involve a range of common tasks that lawyers with a China practice are typically involved in, including meeting simulations, client advice simulations, drafting exercises and small group debates and discussions. The interactive tasks will help students develop and improve their collaborative problem-solving skills and professional knowledge through the provision of legal advice both individually and in groups.
Strategy 2 (independent learning): Student learning outside the classroom is a key learning strategy in this subject.
You will do a large part of the learning in this subject by undertaking all of the pre-class activities including listening to the podcast recordings in conjunction with the powerpoint slides, watching any audio-visual material, and studying and reflecting upon the assigned readings.
Strategy 3 (online activities): The subject incorporates podcast recordings made available one week prior to each class on Canvas. The podcast recordings build upon prior student reading of assigned material so that the seminars do not focus on knowledge transmission but are devoted to strengthening skills of comprehension, analysis, application to problems, and appraisal of policy. Canvas will provide a range of mixed media materials to support deeper learning and engagement by students 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 will also engage in an online discussion board, commenting on discussion questions assigned by the lecturer, and responding to other students’ online comments.
Strategy 4 (independent research): You will undertake independent research and complete an extended critique of an AI-assisted research essay on a topic relevant to the subject. Independent research will enable you to develop in-depth critical understanding of specific issues and the strengths and weaknesses of AI-assisted research. Students will receive feedback from the lecturer on their outline critique. The 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): Students will receive feedback on assessment tasks from the lecturer via Canvas, and will benefit from ongoing peer and lecturer feedback through in-class group and individual activities. The lecturer will also provide online feedback to students on their research essay critique outlines prior to submitting their final assignment.
Subject Delivery:
Learning in this subject involves listening to a series of podcasts (totalling 2-3 hours of podcasts per intensive session) during the week before each four-hour seminar. Students must then attend and actively participate in all seminars.
Content (topics)
- This subject adopts a case-based, problem-solving approach to focus on the following areas:
- Current legal system and Chinese legal/business cultures
- 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)
- Chinese property law and intellectual property protection
- The legal environment for foreign entities doing business in and with China, potential risks and case studies China's overseas foreign investment strategy
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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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 4 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1, LAW.5.1 and LAW.6.1 |
| Weight: | 10% |
| Length: | No formal written work involved |
| Criteria: |
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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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| Objective(s): | This task addresses the following subject learning objectives: 1 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.5.1 and LAW.6.1 |
| Weight: | 15% |
| Length: | Approximately half a page (12 point font) per online post, total of three online comments plus three responses to other students during the teaching session plus a one-page reflection at the end of the session – total equivalent word length for the session is 1,200 words. |
| Criteria: |
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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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| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 4 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1, LAW.5.1 and LAW.6.1 |
| Weight: | 15% |
| Length: | Completed in small groups: approximately 800 words per student for the teaching session. |
| Criteria: |
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Assessment task 4: AI-Assisted Research Essay Critique
| Intent: | Developing research, writing and critical analysis skills |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 3 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.3.1, LAW.5.1 and LAW.6.1 |
| Weight: | 60% |
| Length: | Maximum 1500 words (with 10% leeway), not including footnotes or citations. |
| Criteria: |
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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 via Canvas, websites, or UTS Library Catalogue e-readings:
Session 1: Chinese Legal and Business Culture
Tim Ambler, Morgan Witzel and Chao Xi, Doing Business in China (2017 edition), chapters 4, 5 and 9, available as an e-book via UTS Library Catalogue: Make sure you select the 4th edition (published in 2017).
Yifan Wang, Sarah Biddulph and Andrew Godwin, "A Brief Introduction to the Chinese Judicial System and Court Hierarchy" (Melbourne University Asian Law Centre, 2017)
and
Susan V. Lawrence, "China Primer: China’s Political System" (US Congressional Library, 2023)
Session 2: Company Law and Foreign Investment, Inbound & Outbound
Pages 1-23 and 28-43 in chapter 1 of Wang Jiangyu, Company Law in China (Elgar 2014). Available on Canvas Modules.
Pages 5-38 of Colin Hawes, “Myth-Busting Chinese Corporations in Australia,” UTS Australia China Relations Institute, 2017. Available on Canvas Modules.
Pages 10-33 of OECD, China Investment Policy: An Update (2013). Available on Canvas Modules.
And: Dezan Shira & Associates: "China’s 2021 Negative Lists Widen Market Access for Foreign Investment," China Brief 27 December 2021. Available on Canvas Modules.
Also take another look at the PRC Company Law (2024), English translation, available on Canvas, Modules: get a sense of how it is divided up, what are the different kinds of companies, and where are the sections on key directors’ duties and shareholder remedies."
Session 3: Property, Banking and Capital Markets
Donald C. Clarke, “China’s Stealth Urban Land Revolution,” American Journal of Comparative Law vol 62 (2014), pages 323-366.
Yong Zhen, "China's Stock Market," chapter 1 of Yong Zhen, China's Capital Markets (Chandos Publishing 2013).
Thomas Carre, et al, "The Development of China's Capital Markets" (Tresor-Economics 2022).
Kellee S. Tsai (2017) When Shadow Banking Can Be Productive: Financing Small and Medium Enterprises in China, The Journal of Development Studies, 53:12, 2005-2028: available at: https://doi.org/10.1080/00220388.2016.1228877
Session 4: Media, Social Harmony, Politics and Law
Colin Hawes and Shuyu Kong, “Primetime Dispute Resolution: Television Mediation Shows in China’s ‘Harmonious Society,’” Law & Society Review 47.4 (2013): 739-770, available on Canvas
Peerenboom, Randall, “Fly High the Banner of Socialist Rule of Law with Chinese Characteristics! What Does the 4th Plenum Decision Mean for Legal Reforms in China?” Working Paper 2014
Xin HE & Kwai NG, “It Must Be Rock Strong!: Guanxi’s Impact on Judicial Decision-Making in China,” RCCL Research Paper Series: No. 2017/004 (January 2017)
Session 5: IP Law and Dispute Resolution
Xin He, “Enforcing Commercial Judgments in the Pearl River Delta of China,” American Journal of Comparative Law, Vol. 59, No. 2 (2009), pages 419-53, available on Canvas.
Jane Menzies, Mona Chung, et al, “Intellectual Property, Business and China: Taking a Stand,” Deakin Law Review vol 18.1 (2013), pages 89-125.
Douglas Clark, "Intellectual Property Litigation in China", China Business Review 31.6 (Nov/Dec 2004), pages 25-30.
Dan Harris, “A Guide to Dispute Resolution Clauses in International Contracts,” China Law Blog, July 22, 2024
Recommended texts
For a detailed introduction to the historical development of the current Chinese legal system, see: Randall Peerenboom, China’s Long March Toward Rule of Law (Cambridge University Press, 2002).
For a useful, still relevant, account of doing business in China, see: Crombie, Gavin, The Way of the Dragon: A Guide for Australians Doing Business in China (Wrightbooks, 2005)
For case studies and analysis of the role of business corporations in China, see: Hawes, Colin, The Chinese Corporate Ecosystem (Cambridge University Press, paperback edition 2023).
A highly recommended introduction to the influence of the Chinese Communist Party on business and society 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 resources
See other materials listed in the podcast slides and materials which will be posted prior to each class session on Canvas