| Principles and Practices of Chinese Constitutional Law |
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| Introduction |  |
LAW B849W Principles and Practices of Chinese Constitutional Law is a compulsory, one-semester, five-credit course in the Master of Laws in Chinese Business Law (LLM (Chinese Business Law)) programme. LAW B849W gives you a thorough introduction to the principles and practice of Chinese constitutional law, and helps you think through its implications in business law.
The course's five units introduce you to China's political system and the principles and philosophy of China's constitution, examine human rights issues, assess the authority of the state and discuss the legal framework for special administrative regions. Upon completion of the course, you should have a good grasp of the principles and practice of Chinese constitutional law.
This course will not only examine basic knowledge of constitutional law, but also the practical application of legal principles to business activities, and the major legal issues currently prevailing in China. Regular reference will be made to precedent cases.
The purpose of this Course Guide
This Course Guide tells you briefly what the course is about and outlines its aims and learning outcomes. It also gives you information about the course materials and how you can work your way through the materials. It suggests the amount of time you will need to spend to complete the course and the units. Finally, it gives you information about tutorial assistance and a general idea of when your tutor-marked assignments are due.
Course aims
The main purpose of this course is to introduce you to the principles and practices of Chinese constitutional law. You will learn and master the key concepts of Chinese constitutional law and acquire the skills you need to protect your rights in carrying on business in China. This course will examine the Chinese legal system, and the state authorities and their activities. You are expected to analyse the interplay between principles in commercial law and constitutional law, in areas such as free trade, property rights and human rights. You will also examine the legal framework for special administrative regions, using the experience of the Hong Kong Special Administrative Region as the main example in illustrating legal implications and issues.
Course learning outcomes
On completing this course, you should be able to:
Discuss the Chinese political system and the National People's Congress; and explain the political consultation system, the Chinese party system, the election system, and the composition and significance of the organs of self-government of national autonomous areas (Unit 1).
Analyse the basic principles of Chinese constitutional law, and the operation of, and the protection offered by, the Chinese Constitution (Unit 2).
Explain the fundamental rights enjoyed by, and the duties undertaken by, Chinese citizens, and analyse the functions and boundary of constitutional rights (Unit 3).
Describe the establishment, composition, terms of office and powers of various state authorities and the principles of their operation (Unit 4).
Discuss the relationship between the central government and local governments, and examine the concept of 'One Country, Two Systems' and the legal framework for special administrative regions (Unit 5).
| Course materials | |
Since LAW B849W is an online course, all the study units and most of the supplementary readings will be provided in the Online Learning Environment. You are required to have access to the Internet through a personal computer equipped with a Web camera to take part in the e-learning activities.
Online study units
There are five study units in LAW B849W Principles and Practices of Chinese Constitutional Law. Each unit consists of approximately four weeks' worth of part-time work. The study units summarize key issues, explain the relevant theories and practices, and comment on related readings and case studies. Each unit contains self-tests and activities to reinforce your assimilation of the issues under discussion. The following table gives you an overview of the study units and each key topic, the time taken to complete each unit, and the assignments that assess the units.
Unit
Title
Weeks
Assignment
Lectures/
tutorials1
Constitution and state
3
No. 1
2
Chinese socialist legal principles in constitutional law
3
No. 2
3
Fundamental rights and duties of citizens
3
TMA 1
No. 3
4
The structure of the state
3
TMA 2
No. 4
5
Special administrative regions
4
No. 5
Total
16
2
5
In addition to the online study units, you will be expected to make use of other materials from time to time as stipulated below.
Printed materials
Although you will not be provided with printed copies of the Course Guide and the five study units, you will be provided with pdf versions of the study units if you prefer a printable option.
Supplementary readings
There is no set textbook for LAW B849W.
As you study the course, you will be directed in the units to read specific pages excerpted from relevant textbooks, or other readings. Copies of the required supplementary readings will either be available online or provided as hard copies.
Optional English-language textbooks
You may often want to refer to the following reference books, which will help you in your study, although they are not compulsory. There has been an important and most welcome increase in English language publications on PRC laws since China's accession to the WTO, but it has still failed to keep pace with China's rapid legal and economic development.
Some of the following books provide an overview of the Chinese legal system, and would be useful for those of you who are not familiar with it. Some of them may not be sufficiently up-to-date for the purpose of this course. You should also refer to more in-depth material in leading law journals (see further below).
Ash, R F and Kueh, Y Y (ed.) (1996) The Chinese Economy under Deng Xiaoping, Oxford: Clarendon Press.
CCH China Investment Vehicles, CCH Asia Pte Limited. (loose leaf)
CCH China Laws for Foreign Business, CCH Asia Pte Limited. (loose leaf, multi-volumes)
Chan, J M M, Fu, H L and Ghai, Y (ed.) (2000) Hong Kong's Constitutional Debate: Conflict over Interpretation, Hong Kong: HKU Press Law Series.
Chen, A H Y (1998) An Introduction to the Legal System of the PRC, 2nd edn, Hong Kong: Butterworths.
'China's Marbury vs. Madison? Direct application of the constitution in legislation' (2001) China Law and Practice, no. 16 for 2001, September 5.
Fisher, J and Bewsey, J (1997) The Law of Investor Protection, London: Sweet & Maxwell.
Hus, C S (ed.) (2003) Understanding China's Legal System: Essays in Honour of Jerome A. Cohen, New York & London: New York University Press.
Lin, F (2000) Constitutional Law in China, Hong Kong: Sweet & Maxwell Asia.
Lubman, S (ed.) (1996) China's Legal Reforms, Oxford: Clarendon Paperbacks, Oxford University Press.
Otto, J M (2000) Law-Making in the People's Republic of China,The Hague, London and Boston: Kluwer Law International.
Potter, P (2001) The Chinese Legal System: Globalisation and Local Legal Culture, London: Routedge.
Wang, C G and Zhang, X C (ed.) (1997) Introduction to Chinese Law, Hong Kong: Sweet & Maxwell (Asia).
Wang, G G and Mo, J (1999) Chinese Law, Kluwer Law International.
Zhang X C (ed.) (2001) Introduction to Chinese Law, Hong Kong and Singapore: Sweet & Maxwell Asia.
English-language journals
Students are encouraged to read from a range of relevant English-language journals such as:
Chinese Law and Government
Columbia Journal of Asian Law
China Law (www.cnlaw.com.hk)
Hong Kong Law Journal
China Law & Practice (published by Asia Law & Practice).
Chinese-language sources
Students who understand the Chinese language are encouraged to read from primary sources, e.g.:
Gazette of the National People's Congress Standing Committee
State Council Gazette
Supreme People's Court Gazette
Supreme People's Procuracy Gazette.
New legislation and other materials from primary sources are often reproduced by Fazhi ribao (法制日報) and Renmin ribao (人民日報).
Selected websites
Many websites contain useful materials. Among the most important sites are (note that some of the following are in Chinese language only):
- Official websites
Central People's Government of the People's Republic of China: http://www.gov.cn
People's Bank of China/中國人民銀行: http://www.pbc.gov.cn/
Supreme People's Court of the PRC/中華人民共和國最高人民法: http://www.court.gov.cn/
Supreme People's Procuratorate of China/中華人民共和國最高人民檢察院: http://www.spp.gov.cn/
China International Economic and Trade Arbitration Commission: http://www.cietac.org.cn/
China Maritime Arbitration Commission: http://www.cmac.org.cn/
General Office National Committee, Chinese People's Political Consultative Conference: http://www.cppcc.gov.cn/
Xinhua News Agency: http://www.xinhuanet.com/
Legal Info/中國普法網: http://www.legalinfo.gov.cn/
Ministry of Commerce of the PRC: http://www.mofcom.gov.cn
Ministry of Commerce of the PRC-Department of WTO Affairs: http://sms.mofcom.gov.cn
Bureau of Fair Trade for Imports and Exports: http://gpj.mofcom.gov.cn
Bureau of Industry Injury Investigation: http://dcj.mofcom.gov.cn
State Administration of Foreign Exchange: http://www.safe.gov.cn
China Securities Regulatory Commission/中國證券監督管理委員會: http://www.csrc.gov.cn/pub/csrc_en/
National Digital Library of China/中國國家數字圖書館: http://www.nlc.gov.cn/
- Other websites:
China Law.net: http://www.ceilaw.com.cn/
Chinalawinfo.co/北大法律信息網: http://www.chinalawinfo.com
Isinolaw: http://www.isinolaw.com
Law-lib.com: http://www.law-lib.com
China Journal Net/中國知網: Available in the OUHK e-library.
China Judge/中國法官: http://www.china-judge.com
Tsing Hua University Library/清華大學圖書館: http://innopac.lib.tsinghua.edu.cn/search*eng
CNKI Search/中國知網: http://www.global.cnki.net/
China Court: http://www.chinacourt.org/
Legal Daily/法制網: http://www.legaldaily.com.cn/
Sinolaw: http://www.sinolaw.com.cn/
China Law and Practice: http://www.chinalawandpractice.com/
Worldwide Legal Directories: http://www.hg.org/
- Commercial information providers
Lexis-Nexis: http://www.lexis-nexis.com
Westlaw: http://www.westlaw.com
- Websites for Unit 5:
Bilingual laws information system: http://www.legislation.gov.hk
Hong Kong Judiciary: http://www.judiciary.gov.hk/tc/index/index.htm
Judgments of Hong Kong courts: http://www.judiciary.gov.hk/tc/legal_ref/judgments.htm
Legislative Council: http://www.legco.gov.hk/
Hong Kong Government: http://www.gov.hk/en/residents/
Secretary for Justice: http://www.doj.gov.hk/eng/
Hong Kong Basic Law: http://www.basiclaw.gov.hk/en/index/
| Computer equipment requirements | |
To take e-learning courses, you should have the appropriate hardware, operating system and software. The following are the requirements:
Hardware and Operating System
You should have the following minimum configuration:
a personal computer with a Pentium or more powerful CPU,
512MB RAM or above,
broadband connection to internet and Port 1935 is not blocked,
Windows XP SP3 or a newer version of the Microsoft Windows platform, or Mac - OS X 10.7 or above and
- a printer connected to your computer for printing online course content.
Hardware Requirements for Real-time Online Lectures/Tutorials
Suggested configuration
CPU
Windows OS: Pentium IV 1.5 GHz or above
Mac OS: 1.83-GHz Intel Core Duo or faster processorMemory
1 GB or above
Multimedia peripherals
Earphone and microphone
USB webcam (required for courses with online oral presentations)Operating system
Windows XP SP3, 7 or later;
Mac OS X 10.7.4, 10.8, 10.9Software configuration
You should have the following software configuration to support e-learning:
Internet browser: Mozilla Firefox/ Internet Explorer 8.0 or above/ Google Chrome. If you use an older version of a browser, parts of web pages may not be displayed normally. For Macintosh users, other browsers such as Mozilla Firefox / Google Chrome are recommended.
- Some interactive activities require the plug-in for AdobeR FlashR Player 12.1 or above. If your browser does not have the plug-in, you will see a message indicating the URL where you can install it.
Anti-virus software
Computer viruses are a serious problem. In order to protect your computer, you are advised to install suitable anti-virus software. You should also periodically get the updates for your anti-virus software. The University has included a URL on Online Learning Environment (OLE) where free anti-virus software can be downloaded.
| Course assessment | |
The formal assessment for this course consists of tutor-marked assignments, participation in an online discussion forum, and an oral presentation. There is no written examination for this course.
Tutor marked assignments
You are required to complete two tutor marked assignments (TMAs) and submit them to your tutor for evaluation and grading. Each assignment will be marked out of 100 and will assess your grasp of the materials covered in the respective units. The two assignments are required and are weighted equally (35% for each TMA). The combined marks for the two assignments will account for 70% of the course's overall assessment.
How to submit assignments
You must use word processing software (such as Microsoft Word) to prepare the TMAs, and submit the TMAs via the Online Learning Environment (OLE). All assignments must be uploaded to the OLE by the due date.
Failure to upload a TMA in the required format to the OLE may result in the score of the TMA being adjusted to zero.
TMA extension policy
The assignment policy of the University as stated in the Student Handbook should be observed. You are required to submit assignments for this course in accordance with the dates communicated by your course coordinator. You may apply for a submission extension on the grounds of illness, accident, disability, bereavement or other compassionate circumstances.
Applications for extensions of up to seven days should be submitted to the tutor. The tutor shall consider valid and unexpected emergencies on an individual basis. Normally, documented proof of the extenuating circumstances is not required for extensions of up to seven days. The tutor shall decide and advise you of the revised date for submission.
For extensions of over seven days, you should note the following:
If you require an extension of more than seven days on the grounds of illness, accident, disability, bereavement or other compassionate circumstances, they are required to complete an 'Application Form for Assignment Extension over seven days' and submit it to the Course Coordinator.
Supporting documents must be submitted along with the application for extension of over seven days to justify the claim.
Applications for extension should normally be lodged before or on the due date.
Applications are considered by:
the Course Coordinator for extensions of 8 to 21 days; and
- the Dean for extensions of over 21 days.
After an assignment is submitted via the OLE, it is your responsibility to check that the assignment has been successfully submitted. Extension applications due to any problem with uploading will not be accepted. The University cannot accept any responsibility for assignments that are not received by your tutor due to any problem with submission via the OLE. As a precaution, you are advised to keep a copy of each assignment you submit.
According to the University's policy, no extension of the due date will be allowed for the final TMA. This policy will be strictly enforced. Any late submission of the final TMA will result in the score of the TMA being adjusted to zero.
Oral examination
You are required to make an oral presentation at the end of LAW B849W. The oral presentation will be conducted online in front of the Course Coordinator. It will test your understanding of the relevant key concepts/ principles taught in the course, and their application in practice, on the basis of the two TMAs completed. The marks awarded for the presentation will count for 20% of the total marks for the course.
Participation in online discussion forum
Students are required to contribute to an online discussion forum throughout this course, participation in which will count for 10% of their final mark for the course.
Assessment summary
Assessment type Marks Assignments
70%
Online discussion forum
10%
Oral examination
20%
Total
100%
As specified in the Student Handbook, your final result in this course depends on your performance in both the continuous assessment (TMAs) and the examination (oral presentation). In order to pass the course, you need to pass both the continuous assessment and the examination (oral presentation). For more information on the University's policies on assignments and examinations, please refer to the section 'Assignments and examinations' in the OUHK Student Handbook.
| Tutors and online support | |
Tutors
Your tutor will mark and comment on your assignments, keep a close watch on your progress, provide advice on any difficulties you might encounter, and generally assist you during the course.
You will be notified of the name and contact details of your tutor as soon as you are allocated to a tutorial group (shortly after the start of the course).
Do not hesitate to contact your tutor by telephone or email if you need help. The following might be some typical circumstances in which you would find help necessary. Contact your tutor if:
you do not understand any part of the study units or the assigned readings;
you have any difficulty with the self-tests; or
you have a question or problem with assignments, or with your tutor's comments on or grading of an assignment.
It is a good idea to keep copies of all TMAs you submit for reference during any telephone conversations with your tutor. Remember that TMAs should be submitted in accordance with the due dates indicated. Your tutor will mark and return them to you as soon as possible.
Online support
In this course, you have the opportunity to interact with tutors and fellow students via the Online Learning Environment (OLE). You will at times be referred to the course discussion board to exchange views with other students on particular issues, or you may like to post your own questions and invite feedback from others. Real-time tutorials and lectures on specific topics will be delivered via teleconferencing facilities. It is strongly recommended that you make use of the course discussion board and teleconferencing sessions. They will provide considerable assistance in your study of law, and improve your chances of earning higher marks on your TMAs. They will also bring you into contact with other students who are studying through the OUHK. Experience shows that students who form study groups to exchange ideas tend to perform better.
| Summary | |
LAW B849W Principles and Practices of Chinese Constitutional Law is a 'foundational' course in the broadest sense. If you are engaged in business in China, you may have no wish to become a constitutional scholar! But you will find that China's constitutional provisions provide a foundation for its other laws and regulations, and that understanding these connections may help you in your commercial pursuits.
Good luck, and enjoy your studies!
| A note about the course developers | |
Walter Lee graduated from the University of Hong Kong (LL.B., 1990; P.C.LL, 1991) and later obtained his LL.M. from the University of London. He is admitted to practise as a solicitor in Hong Kong, and is also admitted in England and Wales (non-practising). He is a partner of Gallant Y.T. Ho & Co and head of the commercial dispute resolution team. He is Member of the Chartered Institute of Arbitrators (East Asia Branch) and a member of the Employment Law Committee of the Law Society of Hong Kong. His publications include Butterworths Conveyancing and Property Law Handbook, Butterworths Contract Law Handbook, Hong Kong Court Forms (Title V, Companies (General)) and three volumes in Annotated Ordinances of Hong Kong.
Jenny Chung graduated from the University of Hong Kong (LL.B., 1990; P.C.LL, 1991), where she also later obtained her LL.M. She has been admitted as a solicitor both in Hong Kong and also in England and Wales (non-practising). She has gained professional experience as a commercial lawyer in two leading City firms and later as an in-house lawyer. She has now ceased practice and has become a course developer for the Open University of Hong Kong.
| Deferment of studies | |
If you wish to defer your studies of this course until a later date, you should apply for deferment of studies. For the regulations governing deferment of studies, please refer to Section 14, 'Regulations for Admission, Registration and Maintenance of Status', in your Student Handbook. If you have applied for deferment of studies you should continue with your studies of this course and submit the required assignments until formal approval is given by the University. Should you have difficulties in submitting an assignment, you are advised to liaise with your Course Coordinator and apply for a TMA extension. Students who have been granted deferment of studies will not be allowed to submit TMAs due before the date that their application for deferment of studies is received by Registry.
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