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Program Introduction

With the purpose of promoting legal exchanges between China and Germany, and of training legal talents with international perspective, Tongji University, Berlin Humboldt University and Konstanz University jointly established Dual-Master Degree Program of ‘Chinese Law, German Law and European Law’ in September, 2012. Detailed information of the program is as below:

1. Enrollment and Application
The program annually enrolls 10 students.

Application Requirement:
a) Bachelor’s Degree
b) Admission qualification for graduate study in Law School., Tongji University
c) Good command of German language: not less than 16 level of TestDaf

2. Program Period
The program lasts two and half years of campus study (totally 3 years including German language course). The first year is in Tongji Law School, and the second year is in Humboldt University or Konstanz University. The remaining term is completed in Tongji University.

3. Thesis
Students should write an academic master graduation thesis, and take a thesis defense in Tongji and German University. Grade evaluation will accord the master title provisions of each partner university.

4. Tuition
Students shall pay tuition to home University. Students shall pay registration fee to host university who will not charge tuition. Students shall take care of own living expenses as travelling expenses, accommodation, social insurance, etc. Outstanding students shall have chances to get scholarships from DAAD or Chinese government.

5. Degrees
Students who complete study and pass the graduation examination shall obtain one of academic titles below:
a) Master of Laws, Berlin Humboldt University and Tongji University
b) Master of Laws, Konstanz University and Tongji University

6. Overview of the Study Plan

Overview of the Study Plan for German Students at Tongji

Public Degree Courses

(2 Courses, 6 Credits)

Mandarin as First Foreign Language (3 Credits)

Overview of China (3 Credits)

Degree Courses

(6 Courses, 14 Credits)

4 Courses (Actually taken) – 9 Credits,

2 Courses (Recognition)- 5 Credits


Non-Degree Courses

(4 Courses, 8 Credits)

2 Courses (Actually taken) – 4 Credits,

2 Courses (Recognition)- 4 Credits


Mandatory

Academic Code of Graduate Student (1 Credit)

Thesis Topic (1 Credit)


Credits (Total)

30

* If number of students for one of Non-Degree Courses is less than 4, the course is suspended for one semester and the students need to choose another Non-Degree Course.

* For details, i.e. list of lectures and introduction of Degree and Non-degree Courses, please read attachment No. 1 and No. 2



English Courses of Chienese Law








Nature of Courses

Course Name in Chinese (incl. Lecturers)

Course Name in English (incl. Lecturers)


Credits

Semester Hours

Required Credits

Public Degree Course

第一外国语(汉语)

Mandarin as first foreign language


3

108

6

中国概况

Overview of China


3

54








Degree Course

中国法专题 (王维达、胡洁人)

Seminar on Chinese Legal System (Prof. Wang Wieda/Prof. Hu Jie Ren)

Autumn

2

36

14

中国刑法专题(金泽刚、谢焱)

Seminar on Chinese Criminal Law (Prof. Jin Zegang/Dr. Xie Yan)

Autumn

3

54

中国经济法专题(孙效敏)

Seminar on Chinese Economic Law (Prof. Sun Xiaomin)

Spring

3

54

中国公司法专题(高旭军)

Seminar on Chinese Company Law(Prof. Gao Xujun)

Autumn

2

36

中国知识产权法专题-专利商标法(单晓光)

Seminar on Chinese IP Law-Patent and Trademark Law (Prof. Shan Xiaoguang)

Spring

2

36

中国民法专题(陈洁蕾、刘迪)

              Seminar on Chinese Civil Law (Dr. Chen Jielei/Liu Di)

 Autumn

2

36








Non-degree Course

中国合同法专题(高旭军)

Seminar on Chinese Contract Law(Prof. Gao Xujun)

Autumn

2

36

8

中国仲裁法专题(邱一川)

Seminar on Chinese Arbitration Law (Dr. Qiu Yichuan)

Autumn

2

36

中国财税金融法专题(孙效敏)

Seminar on Financial and Taxation Law in China(Prof. Sun Xiaomin)

Spring

2

36

中国竞争法专题(于馨淼)

Seminar on Chinese Competition Law (Prof. Yu Xinmiao)

Autumn

2

36

中国知识产权实务专题 (程德理)

Seminar on Practice of Intellectual Property in China(Prof. Cheng Deli)

Autumn

2

36

中国冲突法专题(于馨淼)

Seminar on Chinese Conflicts Law(Prof. Yu Xinmiao)

Spring

2

36

国际技术转让和许可协议专题研究(刘晓海)

Seminar on International Technology Transfer and License Agreement(Prof. Liu Xiaohai)

Spring

2

36

中国版权法专题(张韬略)

Seminar on Chinese Copyright Law(Prof. Zhang Taolue)

Spring

2

36

中国对外贸易法专题(师华)

Seminar on Chinese Foreign Trade Law(Prof. Shihua)

Spring

2

36

中国医药市场法律专题(宋晓亭)

Seminar on Chinese laws and regulations of health industry(Prof. Song Xiaoting)

Spring

2

36

国际和中国商事仲裁法与相关实践(刘晓海)

Seminar on International and Chinese Business Arbitration law and Practice(Prof. Liu Xiaohai)

Spring

2

36








Mandatory

研究生学术行为规范

Academic Code of graduate Student


1


2

论文选题

Thesis Topic


1















30





Course Name

Course Introduction


Seminar on Chinese Legal System

The courses will involved the content of history and development of Chinese legal system, the Fundamental rights and obligations of citizens in China, the Administrative Law, Criminal law, Civil law, Contract law, Intellectual property law, marriage Law and Inheritance law, Economical law, Procedural law of China, it will also introduce legal profession and the application of international law in China. This course will help students realize and understand the Chinese law in a short time and easy way.

Seminar on Chinese Criminal Law

As the criminal law course is one of the fourteen core courses of law major identified by the ministry of education, the teaching of criminal law plays a very important role in the whole professional law science education, which is a basic course for cultivating the professional ability of students. In Germany, the criminal law as one of the three basic law courses paralleled with the civil law, the public law is also a compulsory course for students.

The criminal law is not only as a professional law course of importance, even as a citizen or a foreigner, the understanding of Chinese criminal law, and adjusting his behavior, fulfilling the legal obligations, restraining the activities which are prohibited based on the criminal law code, is also very necessary.

This course, which based on the Chinese Penal Code, is supposed to explain and help students to understand the general and special parts of criminal law. Furthermore, they’re expected to judge the specific cases in judicial practice, weather the behavior the crime is, if it is, then which crime it belongs to, and how to give a proper sentence, etc.

Seminar on Chinese Company Law

This course will not only give the students a brief introduction the types of Chinese companies and their characteristics on the basis of Chinese Company law, but also will discuss about the rules of establishment, cooperate governance and corporate financing of a company und their applications. Besides it also highlights the major changes in the 2005 Company Law, and addresses many new issues such as shareholders' derivative action, and asset restructuring of listed companies.

Seminar on Chinese IP Law-Patent and Trademark Law

This course introduces the fundamentals of and critical topics in Industry Property Law. The course begins with an introduction of Chinese legal system. The course covers the basics of patent, trademark, trade secret, design and other industry property related of law, as well as some of the salient controversies in industry property law, including patent protection for medicine, the challenges to technology transfer, the mode of operation of the patent, and the difficulties of protecting trademarks on the Internet.

Seminar on Chinese Contract Law

This course will offer the students a brief introduction of the theories and framework of Chinese Contract Law as well as its application in Chinese judicial practices in Chinese people's courts.

Seminar on Chinese Arbitration Law

Arbitration is an important approach of solving international and domestic commercial disputes. Compared to litigation, it is more superior with the feature of rapidity, professionalism and confidentiality. For postgraduate students, the “Chinese Arbitration Law” is an important course, which is designed to help them grasp the knowledge of Chinese Arbitration overall and apply arbitration to settle all kinds of commercial disputes. This course will be based on Chinese existing legislation in conjunction with relevant international arbitration conventions, seeking to present a general introduction of legislation and judicial practice in Mainland China.

Seminar on Financial and Taxation Law in China

Financial and taxation law is an important law branch of modem market economy countries and societies of democracy. This course consists of Chinese financial law and tax law. The China financial law includes China banking law,China securities laws, China insurance law and financial reform. China tax law includes value added tax law, consumption tax law, business tax law, tariff law, enterprises income tax law and individual income tax law.

Seminar on Chinese Competition Law

Chinese Competition Law is one of selected courses designed for master students who participate in double master programs and come from partner universities in foreign countries. As illustrated in the following part, this lecture concerns with related issues of Chinese cartel law/antitrust law compared with the European Competition Law and consists of lectures and presentations. It’s also suitable for domestic students, although the lecture will be performed in English entirely.

Seminar on Practice of Intellectual Property in China

This course is designed mainly for graduates of law, management, and engineering. There will be 34 hours in the course. Its aim is to introduce and analyze the legal protection of intellectual property of china by the cases. We choose 35-40 typical cases with Chinese characteristics and some latest cases in intellectual property fields. We will take 10 hours to give the brief introduction of IP laws and regulations in China and some key legal points, then give further detailed analyses to the key legal points by the cases.  

The teachers will mainly come from the court, law firm, administrative office of intellectual property in Shanghai. They have much more experiences in IP practice.

The class will be given by many ways, such as discussion, moto court, visiting court and so on. The exam will be paper writing or case analyses no less than 4000 words.

Seminar on Chinese Conflicts Law

Chinese Conflicts Law is one of selected courses designed for master students who participate in double master programs and come from partner universities in foreign countries. As illustrated in the following part, this lecture concerns with related issues of Chinese private international law compared with the European conflicts Law and consists of lectures and presentations. It’s also suitable for domestic students, although the lecture will be performed in English entirely.


Seminar on International Technology Transfer and License Agreement

The course will introduce the legal and economic basics and discuss the contents of the various clauses typically found in international license and technology transfer agreements on the basis of a detailed checklist, sample clauses and sample agreements. Possible differences in wording favoring either the licensor or the licensee will be explained. Comparisons will be made between the licensing practices in particular in Europe, the USA and China.

Seminar on Chinese Copyright law

With the quick development of China’s economic and society after the opening-up policy, China’s legal system including intellectual property legal system covering copyright protection has attracted many attention in the global world. ,This course will try to introduce the Copyright legal system in China to students, guide the students’ exploration of the relevant materials and discussion in the course. Topics covering copyright protection’s subject matter, content of copyright, ownership issue, licensing, and infringement will be lectured and discussed during the course. Besides, students will attend the trial on copyright case in Shanghai People’s Courts or visit the IP Administration of Shanghai.

Seminar on Chinese Foreign Trade Law

This course is an elective professional course of the Postgraduate Master of law research. The main purpose of this course is to propagate and popularize the knowledge of Chinese Foreign Trade Law, to get familiar with the Chinese Foreign Trade rule of law, and to understand the typical dispute settlement cases of Foreign Trade Law involving China.

Seminar on Chinese laws and regulations of health industry

The course will introduce Chinese department of health administration. General Laws and regulations of medical institutions, special regulations about foreign capitals and joint capitals medical institutions. Laws and regulations about practitioner of medical institutions, special regulations about practitioner of Traditional Medicine. Laws and regulations about Medical malpractice and dispute resolved. Laws and regulations about administration of drugs and foods industry, registration about drugs. Special regulation about Traditional Chinese Medicine. We will also have some seminar of public health, innovation and intellectual property and traditional medicine protection and benefit share.

Seminar on International and Chinese Business Arbitration law and Practice

The Course will introduce rules worked out by various institutions, for example, the International Bar Association's Rules on Taking Evidence in International Arbitration; relevant international and regional conventions, in particular the Model Law on International Commercial Arbitration of the United Nations Commission on International Trade Law (UNCITRAL) and the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards; illustrative examples of relevant legislation in countries with important arbitration institutions, in particular also China; illustrative examples of arbitration rules of leading arbitration institutions, in particular also the China International Economic and Trade Arbitration Commission, the Beijing Arbitration Commission and the Shanghai Arbitration Commission.

Seminar on Chinese Civil Law

This course will elaborate the principles and main content of China’s civil law to international students in English, including: the introduction to the civil law, civil legal relations & acts, agency, limitation of action, property rights, creditor’s rights, rights in succession, personal rights, infringement to rights & related civil liabilities and so on. According to the offering of Intellectual Property Law and Contract Law by other courses, this course will not be relevant to these areas in some way. The principal teaching form will be some lectures by PPTs and other multi-media methods, and provide some workshops, case studies and group study & presentation to the international students in the form of heuristic education.