(Updated for 2016)
The objective of this course is to provide students a good understanding of Chinese law, focusing on business and commercial law, and how this law is made, implemented and interpreted in China, and what is behind the development of Chinese law, from both international and domestic perspectives.
The course will open with an overview of the concept of law and the principle of law in China, and the evolution of this system since 1978, as well as a general introduction on various forces and their role in shaping the legal system in contemporary China.
The course will then provide a systematic survey on law-making, interpretation and implementation of law in China, in an attempt to demonstrate the interaction between the CCP, the parliament, the government, and the judiciary in China, as well as the central-local relationships.
Thirdly, the course will investigate WTO and China’s foreign trade, legal regimes of FDL and ODL, business organization law, IPR protection in China, as well as China’s efforts of internationalizing RMB, free trade zone trials, and rural land reform. The course is to introduce the evolution of those institutions in China and what is behind the changes, as well as their impacts on the rule of law in China.
Finally, the course will look at whether China can eventually emerge to a full-market-economy and rule-of-law country with the piece-meal, gradualist approach.
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 on these cases and consider these cases in the context of legal practices in other jurisdictions, and internationally.
Full course outline
About the Instructor
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.