This course aims to introduce to our overseas students the Chinese contract law and its application, with the purpose of establishing our students’ capability to conduct comparative studies on the law of contracts. The course is of use to law and business students understanding Chinese law and contract law in China. With this goal in mind, this course is to focus on those topics that figure prominently in most contracts courses but within a Chinese context, to organize and illustrate them in a way that will be comprehensible to a student with only a general background, and to draw on sources befitting education at the university level. More theoretical treatments of some topics can be found in academic treaties and journal articles. It is not the intention to offer deep academic analyses of all of these topics.
The main content of this course covers both Chinese statutory law and judicial interpretations, and the Anglo-American common law doctrines of the subject. Lectures and discussions will be mixed in the classroom. Students are encouraged to read the given materials and to bring out their questions and views during the classes. Negotiation exercises will be carried out in some classes so that the students will have the opportunity to apply their knowledge of contract law to hypothetical scenarios. Students are also required to conduct research and to do presentations on a couple of legal doctrines by reference to the law and legal principles in their home countries."
1.Full Text of The PRC Law of Contracts, 1999.
2.The Supreme People‘s Court‘s Interpretations of Certain Issues Concerning the Application of The Contract Law of the People‘s Republic of China I, II and III.
3.Mo Zhang, Chinese Contract Law – Theory and Practice, Martinus Nijjhof Publishers, 2006.