Chinese Commercial Law

Chinese Commercial Law Requirements for the Assignment Outline: 1.    Do some research first and find a research topic and write out a brief outline/structure of your assignment. 2.    The outline should be about 1-2 pages.  It should include: the assignment title; the structure/outline in dot points; indication what you intend to achieve in this assignment. 3.    A main reference list (about 5 items) should be included.  Those references should be related to your topic and structure. 4.    You need to submit the final version of your structure to CloudDeakin for 10 marks. 5.    You are most welcome to send me your outline for a check before your submission. Requirements for the Final Assignment: This is an individual assignment. Suggested Research Topics for Chinese Commercial Law – Trimester 3, 2014 •    (Please note that you can design your own research topic.  Please discuss your topic with me before writing.) Suggested research areas:  You can choose any of the following topics.  You need to do at least 3 steps by (1) do some research and find out some relevant articles on the topic; (2) narrow down the topic; and (3) write out the outline in dot points. 1.    Australia and China will sign a historical Free Trade Agreement (FTA) after the G20 Summit in Brisbane.  Senator Bill Heffernan warned the FTA could be “a disaster for the country without proper protections”.  You can think about topics in the following ways: a.    How an Australian small business can benefit from a FTA – advantages/disadvantages of having a FTA. b.    Do you think Australian farmers will benefit from a FTA? – exporting meat/dairy products/fruits/wheat into China under the FTA environment. c.    Importation of children’s clothes/toys/electronics from China – will a FTA make the importation easier? d.    How can the Australian service sectors (banking, legal, accounting, tourism and education) benefit from a FTA – will China relax its restrictions on market entry from Australian’s service sectors? e.    Will Australian business suffer any detriment under a FTA due the unconvertible Chinese Yuan? f.    In your view, did China adopt any protection measure for Chinese business sectors under the FTA?  Can Australia adopt the same measures to protect the Australian businesses? 2.    Research and locate two (2) recent cases on infringement of foreign trademarks /or copyrights /or patent in China and discuss whether foreign IP rights have been protected under the relevant Chinese law. 3.    My family has a business in ……….  (a particular sector).  I learn Chinese commercial law (which topic?) because I can run my family business one day – a case study of a family business (trading with China or setting up a joint venture?) 4.    Chinese Commercial Law is relevant to me due to my involvements in investment, trade or services (legal, accounting, banking, HR, marketing, etc.) with China. 5.    Does the Chinese Contract Law create a friendly legal environment for foreigners when doing business in China? 6.    Legal protections to an equity joint venture (or a WFOE) in China: incentives and problems. 7.    A case study on setting up a joint venture (or a WFOE) in China – analyse some legal issues. 8.    Is the Chinese IP law (Trademarks Law, Patent Law or Copyright Law) effectively protecting IP owners’ rights?  - focusing on the enforcement of IP laws in China. 9.    Does China's labour law (or the Labour Contract Law) sufficiently protect foreign investors’ interests? 10.    “iPhone”, “Nintendo 3DS”, etc. are made in China by Chinese workers.  Do you think the Chinese workers have benefitted from the foreign investment and the Chinese economic development? 11.    Discuss whether the Chinese labour laws effectively protect Chinese labours’ interests – you can locate some cases and discuss the differences between law and practice in this area. 12.    If your business makes very good profits in China, how can you remit the RMB profit back to Australia – banking and currency regulations on foreign businesses in China. 13.    The new developments in international commercial arbitration in China.  (Alternatively, discuss whether a foreigner should resolve dispute by way of arbitration or litigation in China.) Requirements: 1.    Identify one of the suggested topics (or areas). 2.    Go to one or more online sites via Deakin’s library homepage and search relevant articles on chosen topics. 3.    If you cannot find many articles (say less than 10 articles) in chosen area, please change to another topic at this stage. 4.    If you believe you have found a topic (area) and want to do your research in that area, please download 10 to 15 articles from those online sites. 5.    Read the articles and find out the issues (problems) you would like to discuss or analyse. 6.    Write up a plan or an outline (one page or two).  Final version of the outline needs to be submitted to CloudDeakin by 19 December 2014. 7.    You should NOT copy an existing outline from one big article or a book (I generally can tell). 8.    By now, your topic and outline should be much narrower than those suggested topics. 9.    If you are not sure, please check with me via CloudDeakin or email. 10.    Check with me before you start major writing. 11.    Write the research paper independently. 12.    Refer to the Unit Guide for proper referencing style and requirements. Summary: In order to write a good legal assignment, you need to do the followings: a.    Find a narrow topic; b.    Good research with plenty materials – and READ them; c.    Study the area of law and some cases; analyse the law with those cases. d.    Have your own opinion and something original. (See following online database at Deakin) Online Resources in Deakin’s Library: •    - Lexis.Nexis (international law journal articles) • •    - Lexis China Online • •    - Factiva (newspaper articles) • •    - NewsBank (newspaper articles) • •    - LegalTrac (law articles) • •    - ABI/Inform Global Fulltext (business and law articles or reports) • •    - AGIS Plus Text • •    - CaseBase via LexisNexis AU • •    - EBSCOhost (business and legal articles) About 3,500 words to 4,000 words for 40% of the total assessment – compulsory assessment (please note: another 10 marks go to the assignment outline).  Total marks: 50 marks for both final assignment and assignment outline. 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