Prospectus

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Access to justice in China - A seminar course

Course
2008-2009

In this course students will deepen their knowledge of the everyday functioning of the Chinese Legal system. They do so in particular by looking at what China’s legal reforms can mean for average people seeking to protect their rights and interests.

During this highly interactive course students will be asked to conduct research and present their findings in class about what obstacles Chinese currently face when seeking effective legal and semi-legal remedies for their grievances. In this course students will choose one topic to write a short paper about.

Topics will include: legal awareness, local effects of petitions, the role of the media in rights protection, finding a lawyer for sensitive cases, suing the local government, execution of court judgments, labor rights protection, pollution compensation, land rights protection, and the protection of the rights of both victims and suspects in the criminal process.

Timetable

Second semester, two hours per week. See time table for time and location.

Method of Instruction

*Seminar *Intensive reading (secondary) literature

Course objectives

At the end of the course students are able to apply knowledge and insights about the concept and theory of access to justice to analyze developments in the Chinese state and society relations. Doing so students will acquire a basic knowledge of current obstacles citizens meet when seeking justice in contemporary China.

Finally students will have a basic knowledge to what extent and how in a country such as China legal reform translates into everyday practice, deepening their basic knowledge about the development of a rule of law in China. The student will learn to conduct individual research and present the findings of such research both in written academic form as well as in an oral presentation.

Required reading

*Diamant, N.J., S.B. Lubman, and K.J. O’Brien, eds. Engaging the Law in China, State, Society, and Possibilities for Justice, 2005.
This book is to be ordered from Amazon.com or Bol.com.
In addition students must download:

* “UNDP. “Access to Justice, Practice Note.UNDP 2004
There will also be a short syllabus which contains a suggested reference list for the research topics as well as additional papers about access to justice in theory and in China.

Examination

*Academic Paper (75%) *Presentation (15 % ) *Role as Discussant (10 %)

Information

*For further information about the practicalities of this course please contact ms. Kari van Weeren: k.vanweeren@law.leidenuniv.nl. *For further information about the content, please contact Dr. Benjamin van Rooij: b.vanrooij@law.leidenuniv.nl.
Enrollment
Enroll on time for this course via U-twist. Niet ingeschreven, betekent geen toestemming tot het volgen van dit college. Zie ook ‘Aanmeldprocedures voor colleges en tentamens’ inschrijvingsdeadlines en meer informatie over in- en uitschrijven voor colleges.

Blackboard/webpage

Yes.

Enrollment
For enrollment, visit the website Blackboard( <http://www.blackboard.leidenuniv.nl/>). Then click on: courses > Faculteit der Letteren > China, Talen en Culturen van > 2008-2009 > Registreer/enroll.

Overview

The course will be taught in twelve weeks. The first two weeks are used to discuss the theories and concepts related to access to justice, as well as to assign research topics and provide instructions about how to conduct such research. From week 3 onwards students will give presentations about their ongoing research, while other students will be assigned roles as discussants.