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Chinese Law
(read:13690/update:2009-11-18)
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Programme objectives

This programme is to train high level international professionals with a solid foundation in Chinese law and thorough understanding of Chinese society and culture. The candidates should have the ability to solve relevant practical problems independently. The aim is to provide students with a comprehensive and in-depth understanding of the fundamental theory and system of Chinese civil and commercial law.

Programme duration

2 years full-time study

Programme commencement

Autumn semester

Teaching language

English

Tuition fee

72,000 RMB in total; 36,000 RMB * /per acdemic year

Academic calendar

1 st Semester: Autumn semester from mid-September to mid-January

2 nd Semester: Spring semester from mid-February to mid-July

Entry requirements

* Prospective students should have a non-Chinese passport and be in good health;

* Academic requirements: Prospective students must hold a recognised bachelor's degree or above, or equivalent.

* English proficiency: Minimum requirement is 550 points or above for TOEFL, a grade 6 or above for IELTS, or other certificate of English proficiency from an approved authority. Native English speakers are exempt from this requirement,other candidates whose university courses are taught in English will be considered case by case.

* Professional backgrounds: Prospective students who are able to show relevant professional experience deemed appropriate to the programme applied for will be given prior consideration.

Courses

Compulsory course

Introduction to Chinese Language

Selected Issues on Modern China

Core courses

Chinese Legal System

Chinese Civil Law I

Chinese Civil Law II

Chinese Commercial Law I

Chinese Commercial Law II

Elective courses

Civil Procedures and Arbitration Law

Intellectual Property Law

Foreign Investment Law

Chinese Tax Law

Ecommerce

Environment and Resources Protection Law

Credit requirements

2 compulsory courses giving 2 credits each

5 core courses giving 4 or 3 credits each

4 elective courses giving 2 credits each

Research or other appropriate activities

Credits

2

2

Credits

4

3

3

3

3

Credits

2

2

2

2

2

2

 

4

16

8

2

 

Core course descriptions

* Chinese Legal System

As a basic compulsory course, this course introduces students to the basic Chinese legal system. The syllabus covers: the culture and history of Chinese law; the development of China's legal system; and current fields of Chinese law. Furthermore, to meet the specific requirements of an international master's programme, the course will specifically address a number of issues in the current political and economic situation in China, including the judicial system, the protection of intellectual property, the corporate legal system, the current situation in human rights protection, the development of the Chinese legal system following entry into the WTO, and special legal issues concerning the mainland, Taiwan, Hong Kong and Macao.

* Chinese Civil Law I

This course consists of two parts. The first part covers fundamental theories of civil law, focusing mainly on: the concepts, characteristics and sources of civil law; basic principles of civil law; the system of civil rights; the subjects of civil rights; civil juristic acts, agency and time limitation.

The second part covers property law, focusing on: the concepts of personal property and real estate; ownership systems; rights over the property of another; co-ownership; adjacency system; and possession system.

* Chinese Civil Law II

This course consists of two parts. The first part covers: tort law, including the elements of tort in China; the principle of liability fixation; general torts, special torts, material damages and mental damages.

The second part covers such matters as: contract law, including the relationship between the basis of Chinese contract law and Anglo-American contract law; the formation of contracts and cases; the validity of contracts and cases; the performance of contracts, breaches and remedies and cases.

* Chinese Commercial Law I

This course consists of two parts. The first part covers fundamental theories of commercial law, focusing on such topics as: the concepts, characteristics and sources of commercial law; the relationship between commercial law and other law; the basic principles of commercial law; the concept and categories of commercial subjects; the commercial registration system.

The second part covers corporate law, focusing on matters such as: the concept, characteristic and sources of corporate law; the basic forms of commercial organisation; the formation of corporations; the capital system; the structure of corporations; the transfer of corporate shares; and so on.

* Chinese Commercial Law II

This course consists of three parts. The first part covers insurance law, including: the basic categories of insurance contract; the principle of insurance law; property insurance contracts and personal insurance contracts; claim settlement and subrogation.

The second part covers the law of negotiable instruments, including: the characteristics of the Chinese law of negotiable instruments; the categories of negotiable instruments; instrumental acts; the right of recourse; the applicable law of foreign instruments; and legal liability.

The third part covers securities law, including: the categories of securities; legal problems in securities issuance; legal problems in securities transactions; legal problems of acquisition; and the supervision of securities.

Senior academic staff involved

* Prof. Liao Yixin

* Prof. Zeng Huaqun

* Prof. Chen Xiaoming

* Prof. Fu Kuncheng

* Prof. Jiang Yue

* Prof. Lin Xiuqin

* Prof. Zhu Yansheng

* Associate Prof. Chen Huiping

* Dr. Chen Haibo

* Dr. Chi Manjiao

* Ms.Yu Zhanmin

School at a glance

The School of Law is one of the principal schools in Xiamen University . In recent years, through internal development and the introduction of new experts, the School has built up a pool of brilliant scholars and teachers, creating a strong, well-structured teaching and research force. It also enjoys an exceptional environment and teaching facilities.

The Faculty has access to many important e-journal databases, including LEXIS-NEXIS. In 1998 the University established the Law Library, which has also been made a UN repository library.

The School currently offers one post-doctoral research programme, doctoral and master's programmes with specialised focuses and a Juris Master (JM) programme. The School is a leading institution in China for studies in International Economic Law and the Law of Hongkong, Macao and Taiwan , which are two key items under the "211 Project".

The School has a continuing commitment to strengthening academic exchanges and co-operation with fellow law schools and other institutions abroad. It has developed good relations and established co-operation agreements with a number of law schools in various countries and regions in Europe, North America, South America and Asia . Co-operation is in such areas as joint research, visiting scholar exchanges, information exchanges, lecture tours, joint programmes, student exchanges, and co-sponsorship of international conferences.

Research centres

* Institute of International Economic Law

* Institute of Civil & Commercial Law

* Center for Oceans Policy and Law

* Centre of Economic Law

* Centre for Public Law

* Institute of Roman Law

* Institute of Taiwan Law

Contact information

Principal: Prof. Lin Xiuqin Coordinator: Zhu Xiaoqin

Tel: +86 (0) 592 2189092 Fax: +86 (0) 592 2181532

Email: xqinz@xmu.edu.cn Web: http://law.xmu.edu.cn/english/

"It is not easy with a few words to describe Xiamen University and our lives on this island. I could focus on the fact that Xiamen University is a famous university in China , with a beautiful campus and long beaches nearby, but I am not going to. The pictures speak for themselves. Instead I would like to say that this city has a relaxed atmosphere. We live a comfortable life here. Xiamen is a modern city with everything you need, too.

To be honest with you at times it can be hard to live in China . The culture is still different. The language is the biggest barrier. Most people here speak some English but in the end you are better of learning a few words of Chinese yourself. It is actually not that difficult to learn.

At the moment very few people have a basic knowledge of Chinese law. Foreign companies mainly rely on Chinese staff to do their legal work. With a background in Chinese law you would be able to offer almost unique knowledge about doing business in one of the most important economies in the world. It is a study choice for the future. If you have any questions contact me and we can have a chat about life and studying in Xiamen . "

Magnus Bain (baisizhe) from Norway

Master's student in Civil and Commercial Law

Email: bain_magnus@yahoo.no

 

 

Admissions Office of Xiamen University, 361005 Fujian Province, P. R. China
Tel: +86 (0)592 2184792(Special line for Overseas student),2188888 Fax: +86 (0)592 2180256
Email: admissions@xmu.edu.cn http://admissions.xmu.edu.cn
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