China Summer Program in Beijing

Course Descriptions

International Bankruptcy - 1 credit (Professor Gerber)

Bankruptcy and insolvency laws are essential components of a market economy because they enable entrepreneurs to take business risks, and provide a mechanism for treating creditors and other parties fairly in the event that a venture fails. As cross-border business activity has increased, so has the need to deal with cross-border business failures. This course surveys the issues that may arise when an enterprise that has operations, assets, employees, and creditors in more than one country becomes financially distressed. The course begins with an introduction to some basic international law concepts, followed by an introduction to some fundamental principles of bankruptcy law and policy. We will use the U.S. approach as a model and compare it to some other national insolvency regimes, including the new Chinese insolvency system. The course will then turn to the issues that parties and courts have encountered in administering bankruptcies across national lines; various judicial and legislative approaches to resolving those issues; and ongoing efforts to harmonize the laws that govern domestic and cross-border insolvency cases, including new Chapter 15 of the United States Bankruptcy Code. There are no prerequisites for this course.

Introduction to Chinese Law - 2 credits (Professor Ainsworth)

This course will introduce the student to the Chinese legal system and legal practice, beginning with an examination of Chinese legal philosophy and practice in imperial China, a consideration of Marxist views on law and legality, and an analysis of the changing role of law in the first sixty years of the People's Republic of China. The course will then examine contemporary Chinese law and the legal system, including such topics as the structure of the legislative and judicial process in China, the role of lawyers and the regulation of the legal profession, criminal law and procedure, civil obligations and civil procedure, business law and foreign investment regulation, family law, and intellectual property law. The course will conclude by examining China's efforts and challenges in promoting the rule of law.