77907 - Law and Business in China

Learning outcomes

The Course aims at introducing the Chinese Legal System focusing on its basic structure, mechanisms of legal process, with particular regard to legal aspects of business transactions. Distinctive aspects of Chinese law will be introduced also from a comparative perspective. The analysis will concentrates on several legal topics, with particular attention to market oriented research skills and practice. It aims at helping students in understanding Chinese legal system under a broader political and cultural backgrounds. Topics intended to be covered include Chinese legal system in general, contract law, commercial law, ADR, IPR protection. Course Objective: Objectives of the course are the following: A better comprehension of Chinese law and practice, that is needed when working in China or with foreign investments. A better approach to the study of foreign law. A more aware approach in working in international firms, government entities or non-government organizations where interaction with Chinese counterparts, clients and co-workers are likely to occur.

Course contents

Topics intended to be covered include Chinese legal system in general, legal aspects of environmental issues, contract law, foreign direct investments, dispute resolution methods, intellectual property right protection

Readings/Bibliography

Timoteo Marina (ed.), Law and Sustainable Business in China, Bononia University Press, Bologna, 2015

Teaching methods

The course will take place through lectures.

During the lectures the student will be asked to participate to the discussion through case studies, mock trials and detailed study of specific topics.

Assessment methods

The final exam will be done orally, through an interview with the professor and its assistants. The marks are out of 30/30. 

The oral examination is designed to appreciate the level of understanding and mastery of  the comparative method in the study of Chinese legal system, with particular attention to the areas of the law object of course. The achievement by the student of an organic vision of the issues addressed, and in particular the ability to capture the dynamic aspects of the processes of modernization of Chinese business law, in a comparative perspective, will be evaluated with marks of excellence. The knowledge of the topics covered in the course that is mainly mnemonic and notional and that will lead to an oral colloquium not well supported by  reasoning of synthesis and analysis of the issues, and the using an organic and correct language but not always appropriate, will lead to an average pass outcome; training gaps and / or inappropriate language, albeit in the context of a minimal knowledge of the exam material, will lead to just enough mark; training gaps, inappropriate language, lack of guidance within the texts, will be adversely evaluated. 

In order to sit for the exam, registration through the electronic platform "Almaesami" is required, in compliance with mandatory deadlines (usually 7 days before the date set for the examination). Those who do not succeed with the enrolling by the due date, are required to report promptly (and in any event before the official closing of the registration lists) the problem to the school's secretary office. The professor, evaluated the problem, will decide about the admission to sit for the exam.

The record of the evaluation can be done only on the date set and indicated in Almaesami, following the previous registration.

The course will be held in the first semester and therefore students who have chosen the course in the current year will be able to sit for the exam starting from the month of January.

Only students that are regularly enrolled, that payd all the due university taxes, that have already sitted the necessary exams will be able to sit for the examinations. Under no circumstances it will be possible to sit the exmination and proceed with the registration not simultaneousely.

Thesis

For the purposes of assigning a Bachelor’s degree project in Law and Business in China, the knowledge of at least one foreign language is required. The level of the foreign language will be verified through a preliminary interview. Interested students are therefore invited to contact the teacher or Dr. Angela Carpi to agree on the date on which the colloquium is to be held.
Once the subject of the dissertation has been identified and approved by the teacher, the students will have to periodically inform the rapporteur on the state of progress of the work, according to a work program agreed upon. Once the thesis is completed and the teacher's permission is received, the students will be able to proceed with the secretarial delivery within institutionally established terms.

Where strictly necessary, the correlation request must be discussed and agreed with the teacher, who will eventually contact the chosen teacher for correlation.

Office hours

See the website of Marina Timoteo

See the website of Angela Carpi