Principles of Chinese Civil Law (LAW329)

LAW329 Principles of Chinese Civil Law introduces common law students to the institutional framework, substantive legal concepts, and dispute resolution mechanisms within China’s civil law system. The course is structured into three parts: Part I examines the institutional foundations of the Chinese civil law system from historical, political, and economic perspectives. This introductory section provides students with a contextual understanding of the system's development and underlying principles. Part II focuses on key areas of substantive civil law in China, with particular emphasis on the core attributes of the laws governing business organisations, property, obligations (contract), family and wealth management. Part III explores the general frameworks and procedural features of various dispute resolution mechanisms in China. This section provides an overview of the Civil Procedure Law, Arbitration Law, and Mediation Law, highlighting their practical application and significance in resolving civil disputes. By the end of the course, students will gain a comprehensive understanding of China’s civil law system and its distinctions from the common law system in Singapore, which will help them deal with cross-border jurisdictional matters more effectively. Differences between common law and civil law systems will be explained. This includes the role of codes and statutes, as well as the role of judicial decisions and precedents. The difference between the inquisitorial and adversarial systems will also be discussed.

• Modernisation of Ancient Chinese Legal System
• Features of Contemporary Chinese Legal System
• Law of Property I – General framework and principles
• Law of Property II – Substantive rules and case studies
• Law of Business Organisations I – General framework and principles
• Law of Business Organisations II – Substantive rules and case studies
• Law of Obligations (Contracts) I – General framework and principles
• Law of Obligations (Contracts) II – Substantive rules and case studies
• Law of Family & Wealth Management I – General framework and principles
• Law of Family & Wealth Management II – Substantive rules and case studies
• Dispute Resolution Mechanisms I – General framework and principles
• Dispute Resolution Mechanisms II – Substantive rules and case studies

• Indicate the various sources of the relevant law, how it is made and developed; of the institutions within which that law is administered and the personnel who practise law
• Demonstrate understanding of legal concepts, values, principles and procedures of China law and explain the relationship between them in a number of subject areas, as well as to apply them
• Analyse fact patterns to identify relevant issues of law, fact and procedure
• Interpret the relevant rule of substantive law, procedure or evidence relevant to the issues identified
• Apply the relevant laws and principles to come to a conclusion on the issues
• Formulate an opinion, provide a solution and advise based on the conclusions
• Discuss critically, competing arguments in literature or in a group situation and make a reasoned choice between alternatives
• Examine ideas, concepts and arguments in the English language and legal terminology with care and accuracy
• Employ information technology in an office environment for the search for information, the preparation of documents and presentations