Courses

    This seminar is intended to provide a general introduction to the nature and function of law in the People's Republic of China (PRC) and to Chinese attitudes toward selected international legal questions. Topics considered include: substantive, procedural, and institutional aspects of criminal and civil law in the PRC; Chinese views on the nature and sources of international law and its role in international society as exemplified in theory and practice, with particular attention to Chinese attitudes toward human rights; and practical legal problems arising from commercial and diplomatic interaction between the U.S. and the PRC, such as foreign investment and contract negotiation, protection of intellectual property, and provisions under U.S. law for carrying on commercial relations with Taiwan and Hong Kong. These topics will be considered in the context of their historical and political backgrounds in an effort to illuminate continuities between traditional and contemporary Chinese legal institutions. Students are encouraged to compare the nature and role of law in the West and the PRC. The assigned reading consists chiefly of English language translations of primary Chinese source materials, including cases, statutes, contracts, treaties, trade agreements, and jurisprudential writings. During years when this course is not offered, Professor Feinerman is willing to supervise individual research on Chinese Law.