The primary objective of this course is to provide students with an introduction to, and a solid understanding of, the basic framework of China’s constitutional system. Central concerns of the course are the constitutional framework of Chinese law, the structure and roles of legal institutions, features of central and local relations, judicial reform and its political limitations, theoretical and practical impediments to establishing judicial review, the progresses and backlashes of rule of law in recent years, the development of constitutional rights and deficiencies in their implementations, as well as the popular model of Chinese constitutionalism and its fundamental limitations.
The course serves as a foundation for specialized study in numerous other areas of Chinese public law such as constitutional law, administrative law, human rights law, and legal history. Students should gain basic knowledge to China’s basic laws and legal institutions, the style of institutional interactions, the role of the judiciary, and major problems in China’s rule of law today.
The basic textbook used for the course will be Qianfan Zhang, The Constitution of China (Hart, 2012). Reading materials will be assigned ahead as the course goes on. The evaluation consists of a research paper of 4000-5000 words in length, exclusive of footnotes and bibliography, which will account for 80% of the final grade.
The additional 20% of the grade is based on class discussions on the materials covered and readings assigned.