Introduction to Chinese Law

Learning objectives

Provide general knowledge of Chinese law by also considering its relationship with the contemporary legal systems and, in particular, its ‘dialogue’ with the Roman law based Civilian tradition. The course aims to deliver a knowledge on Chinese law that could be either employed to further deepen the studies of Chinese law on a later stage and/or to acquire a command of a set of basic instruments to be used in providing legal advices to enterprises engaged in trade and investment with and/or in China.

Contents (summary)

The course starts with an outline of the Chinese public law by undertaking an overview of the main aspects related to the organisation of the People’s Republic of China (PRC) and then it will focus on some features of the ancient Chinese law which are essential in order to obtain a proper understanding of the contemporary Chinese law. Afterwards, the course will focus on the steps which led China towards the Roman law tradition both regarding its ‘bourgeois models’ and its ‘socialist models’, by which China, since the past century, has been alternatively inspired and which do represent the foundations of the current Chinese civil and commercial law. After having analysed the undergoing process of elaboration of a civil code for the PRC, an in-depth analysis will be provided with regard to the main aspects of China’s civil and commercial law by emphasising the study of elements that are necessary to be aware of in order to acquire a basic knowledge when providing legal assistance to enterprises operating in and/or with China.

Programme (extended version)

- The People’s Republic of China today, an overview of the public law related aspects (the Constitution – the political and administrative

organisation – the organisation of the judiciary – sources of law);

- The ancient Chinese law and the late Qing ‘modernisation’ leading to the participation of China to the Roman law legal tradition;;

- From the Qing Dynasty Civil code draft to the influence of the socialist law models, to the new Civil code. China’s civil and commercial law from

XIX to XXI century;

- The new Civil code: the new General part of civil law and the drafts of the other books of the code currently being elaborated;

- The new General part of the Civil code;

- Property and real rights;

- Obligations: general rules on the obligation, contractual obligations, obligations arising from torts and other kind of obligations;

- Contract law (in-depth analysis);

- Obligations arising from torts (in-depth analysis);

- The new rules on the personality rights, an outline;

- Family law, an outline;

- Inheritance law, an outline;

- IPRs protection in China;

- Trademarks and patents (in-depth analysis);

- The rules on foreign investments in the People’s Republic of China;

- The Belt and Road Initiative and investments (in-depth analysis);

- Civil procedure and alternative dispute resolution mechanisms;

(upon agreement with the students participating in the course, based on their interest, and on the time eventually available, it may be possible to analyse the Chinese regulations on some additional topics such as environmental law, food safety, e-commerce, cybersecurity)

Recommended course materials: The course materials will be available on the relevant learning platforms provided by the University (For those who understand Italian it is also advised to read R. Cardilli, S. Porcelli, Introduzione al diritto cinese, Giappichelli, Torino, 2020).

Teaching methods: lectures and seminaries

Evaluation methods: Oral exam / Evaluation: final grade

Further information: it is strongly advised to attend the lectures

Prerequisites: none