COMMERCIAL DISPUTE RESOLUTION IN CHINA

LAW5CDR

Not currently offered

Credit points: 15

Subject outline

This subject develops in students a socio-legal understanding of dispute resolution in China, with a focus on commercial dispute resolution. Starting with an historical introduction to dispute resolution in traditional China, with a focus on changing perceptions of law and perceived functions of law and legal profession in society, it then examines legal development since 1978 in a politico-economic and socio-legal context and analyses contemporary roles and functions, mechanisms and institutions of dispute resolution in China. Upon these analyses, the subject undertakes a detailed examination of the specific methods of dispute resolution, including negotiation, mediation, arbitration and litigation. The subject aims at establishing a solid foundation for understanding Chinese law and institutional arrangements for dispute resolution. The subject takes a practical approach to examine institutions and rules.

SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorGordon Walker

Available to Study Abroad StudentsYes

Subject year levelYear Level 5 - Masters

Exchange StudentsYes

Subject particulars

Subject rules

PrerequisitesN/A

Co-requisitesN/A

Incompatible subjectsN/A

Equivalent subjectsN/A

Special conditionsN/A

Graduate capabilities & intended learning outcomes

01. Be able to describe Chinese law and institutional arrangements for dispute resolution.

Activities:
Lectures and seminar discussion.

02. Be able to identify the changing perceptions of law and perceived functions of law in China.

Activities:
Lectures and seminar discussion.

03. Distinguish specific methods of dispute resolution, including negotiation, mediation, arbitration and litigation.

Activities:
Team presentation/scenarios on Chinese dispute resolution facilitated by lecturer.

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Subject not currently offered - Subject options not available.