Description
Law has been central in China’s economic and administrative reforms of the last 25 years. Law was so important because it has enabled unprecedented economic growth and helped maintain social stability. China’s legal reform introduced new rights, including stronger rights for suspects in criminal procedure and for citizens who do not agree with state decisions. At the same time China’s legal system has attracted extensive criticism, mainly from international human rights organizations but also from many foreign and even some domestic scholars. Law in China, the critics hold, is no more than a tool for government power and a basis for the current leadership’s legitimacy. So what is law in China: Success or failure? During this course students will study the development of law in post-Mao China. They will learn to understand how China’s particular circumstances challenge the operation of law in practice, and they will debate ways in which the current situation could be improved.
The course will consist of part lectures and part class exercises. In preparation of the lectures (6 times) the students are asked to read course material. Apart from lectures there will also be four class assignments, which students have to prepare at home. During the class assignments students will be asked to work in groups on a presentation and to frame questions about other group presentations.
Teaching Method
Lecture and seminar
Course objectives
Acquiring of basic knowledge of the development and functioning of law and legal institutions in China in such a way that a student can independently make use of English language material on this subject. Enlarging academic skills of reading academic material in English, analyzing, participating in group discussions, learning to study a new legal system (for law students) or new field of study (for sinology students). Learning a basic knowledge of law (for sinology students).
Literature
Study material is to be found in this syllabus. Legislation can be found in the legislation reader. Students must read the articles before each course, they can be asked about the article during classes.
Assessment
Students will be evaluated by a written examination with open questions which will cover both the literature, course notes and class exercises.
Contact
prof. dr. Benjamin van Rooij
Blackboard
Will be used to distribute documents and sheets.