Study Guide

Objective

After completion of the course the student is able to
- describe main ideational and institutional sources of Chinese the legal traditions and culture
- explain key concepts of traditional and contemporary Chinese legal thinking
- explicate the evolution of legal system in contemporary China
- elucidate the dual structure and practices of Chinese legal system
- clarify the role and relationship between the Constitution of China and the Constitution of the Communist Party
- explain modern Chinese legal institutions, court structure, personnel and their relationship with the Party structure
- describe how the Constitutional rights of citizens are juxtaposed to the measures of corona virus control in society and media.

Content

The course consists of three overlapping sections:

1. A short introduction to the political system of China. The most crucial aspect of successful dealing with China or Chinese actors is to understand the role of the Communist Party and its developmental policies (both legal and economic).

2. Exploration on the Constitution, constitutional discussion and role of Constitution in China’s legal system, society and politics. We will explore both the official Party line narrative of the Constitution, the recent Constitutional amendment in analyzing the underlying political and cultural argumentations for the amendments. In addition, we will explore the domestic Chinese critique of the Constitutional amendments and explore the reasoning of the critique. In addition, students need to read and analyze the Constitution of the Communist Party and to understand the role of the Party Constitution within Chinese judicial system and legal practices.

Hence, we analyze law and legal practices in China from a dualistic perspective. On the one hand, we analyze the Constitution as a normative structure that dictates the state structure, roles, responsibilities and function of key political institutions of China (including individual rights and responsibilities). On the other hand, we study how the Party utilizes its actual power in shaping and determining the practices of the key institutions and individual people in China – in particular to the world shaking case of Corona virus.

3. We also study how the actual holistic systemic imperatives are reflected in actual daily judicial work at the regional level. In this section we will on the hand, explore how the court system function both as a bureaucratic and legal organization, how it is closely entangled with local level development policies and political system. On the other hand, we will gain an insight how the regional level judicial and regulative environment condition differently foreign actors within China and what role the personal networks (guanxi) have in this process. Hence, this section will shed some light on contracting and negotiation cultures of China providing some hands-in clues on how to make sense of the central and local level regulative concepts and how to tackle the Chinese negotiation practices.

Location and time

Teaching will be conducted every Monday between 27th of Jan until 3rd of March

Materials

The study material of the course consists of online videos, journal articles, book chapters and documentaries that will be delivered to students during the course.

Teaching methods

Teaching will be contact teaching

Exam schedules

The exam dates will be decided together with students during the first lecture.

Further information

A degree student attending the Lapland University of Applied Sciences can register free of charge for LUC studies offered by the University of Lapland, if the studies can be linked to their own degree. Enrollment takes place through the Applicant’s Desktop of the University of Lapland: https://hakeutuminen-lay.peppi4.lapit.csc.fi/web/hakijan-tyopoyta/. From the left hand menu, first select "Study selection" and then "LUC studies YO”, and you will see the entire offering. Choose the study unit in question and register.

Evaluation scale

H-5

Assessment criteria, satisfactory (1)

Fail (0): Student doesn’t understand or grasp central cultural, institutional or polito-economic concepts or processes of the given course. In addition, in answering the essay questions the student fails to illustrate elementary China-related societal trajectories or knowledge. Understanding of China and the course topic remains incompetent.

Sufficient (1): Well, the student illustrates minimal understanding of the course content. However, the answers may contain misunderstandings and direct mistakes that hinders formulation of more comprehensive knowledge of the given topic. Essay answers illustrate that the student has some knowledge of certain areas, but lack a comprehensive basic knowledge of the course subject and key concepts.

Satisfactory (2): More or less ok. The student illustrates moderate knowledge of the given subject. Essay answers illustrate that the student has grasped basic knowledge of the course content, but still contain some misinterpretations and/or mistakes. The answers can be too limited or too long, illogical and lack focus. The structure of the answers may be blurred.

Assessment criteria, good (3)

Good (3): Good. Answers expose that the student has internalized the course content and central concepts. Essay answers expose that the student tackles the given question in a structured manner, illustrate comprehension of the subject, and expose analytical skills. However, the answers still contain certain misinterpretations / mistakes.

Very good (4): Commendable. Answers illustrate that the student has a commendable understanding and knowledge of the given subject and key concepts. Essay answers are clear, well-structured and key concepts well defined. The interpretation of the course material is presented in coherent and discussive manner.

Assessment criteria, excellent (5)

Excellent (5): Excellent. Answers expose that the student has deep understanding and knowledge of the course subject. In essays the student is able not only to define the concepts and societal trajectories correctly, but more over the argumentation of essays are reflective and reasoning logical. Essay answers are structured in coherent and logical fashion.

Further information

Grades 1-5/fail
The lecturer(s) will inform the evaluation method of the course.