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LPS-LL203 A Rule of Law? The Dynamics of Chinese Commercial Law in an International Context

Dr Jianbo Lou, Associate Professor, Law and  Director, Centre for Real Estate Law, Peking University Law School

Course outline

The objective of this course is to provide students with a good understanding of Chinese business and commercial law; how this law is made, implemented and interpreted in China; and how it is shaped by international pressures and institutions.

The course will open with an overview of the concept of law and the principle of civil and commercial law in China and the evolution of this system since 1978. The latest legal developments from the 3rd session of the 18th Party Congress from November 2013 will also be considered across the range of topics.

The course will then cover a range of commercial topics, looking at the domestic law and - where relevant - international rules. These topics will include the foundations of Chinese business law, commercial transaction law, business organisation law, dispute resolution, intellectual property, WTO and regional trade law and regulations, and regulations on inward and outward investment in China.

Finally, the course will look at enforcement and rulings in Chinese law.

A key feature of the course will be use of real life legal examples and case studies involving large foreign companies with investments and business in China. Students are expected to participate in discussion of these cases and to consider these cases in the context of legal practices in other jurisdictions and internationally.

Lecture sessions will be based on the presentation of background or theoretical materials, discussion of the assigned readings, analysis of case studies, and problem-solving exercises based on real and/or hypothetical cases and situations. Class sessions will be devoted to more detailed discussion of the assigned reading and case studies and to problem-solving, practical exercises, negotiation games or class presentation. The classes are intended to provide an opportunity for a higher level of interaction with the Professor and/or Class Teacher. Problem-solving exercises may be dealt with during the afternoon sessions as well as in the mornings.

Full course outline|

About the Instructor

 Lou Jianbo

Dr Jianbo Lou is Associate Professor of Law and co-director of the Commercial Law Section , and director of the Centre for Real Estate Law at Peking University Law School.  He has previously held positions at the University of Cambridge, Queen Mary, University of London, Beijing Foreign University Law School, the University of Hong Kong and the National University of Singapore.

He was educated at Peking University (LLB, LLM) and Queen Mary, University of London (PhD). He published his PhD thesis on the workout and prevention of Chinese banks' non-performing loans (Kluwer 2001) and has written several law journal articles on this topic.

Dr Lou has specialised in Chinese real estate law and Chinese commercial law.  He also co-authored a book on Chinese Real Estate Law (Kluwer 2000) and several law journal articles. In addition, Dr Lou has published numerous papers covering many fields of Chinese commercial law, both in Chinese and English. Dr Lou's current research projects cover the eminent domain taking of rural land, title registration, financial transaction,  and low-and-middle-income housing in China.

 

 

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