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Academics

Laws ( Ph.D. )

1. Research Fields

  • Jurisprudence
  • Legal History
  • Constitution and Administrative Law
  • Criminal Law
  • Civil and Commercial Law
  • Economic Law
  • Procedural Law

2. Program Duration and Credit

The duration of Ph. D program normally lasts 3 years. The maximum length of schooling is 7 years, including suspending or other interruptions. By graduation, the students should earn at least 20 credits, among which 12 credits for Ph. D degree courses are required.
In order to encourage Ph. D law students to exchange or to research in high ranking domestic and abroad universities or academic institutions. The credits Ph. D law students got from the above mentioned academic institution can be accredited by the law school as long as the they take identical or similar courses.

3. Core Curriculum

Topics on the Frontiers of Law
This course is designed to introduce the contemporary hot issues and the leading research in different areas of law. This course is taught by several Ph.D. supervisors in different fields with a focus on the frontiers of theory and practice in different fields.

Jurisprudence and Legal Methodology
This course is designed to introduce the most up to date development in legal theory and to understand judicial methods and the methods of legal studies. Topics include ontology of law, value theory, operation theory, formation and development of law and legal methodology. Ontology of law inquires into the nature and characteristics of legal phenomenon, fundamental effect, and the internal composition of law, etc.. Value theory of law inquires mainly into the self value of law as well as the social value that law can promote. Operation theory of law inquires mainly into the enforcement, the application and the compliance of law. Formation and development of law focuses on the formulation of law and the historical development of law. It involves the process of legislation, the internal driving force and external environment of the development in the different historical stages as well as fundamental features of law in different historic stages. Legal methodology explores judicial methods as well as the cognition methods and research methods of legal studies.

Advanced Research on Jurisprudence
This course is designed to help students master the basic principles and methods of Marxism Jurisprudence, as well as to catch up with the current leading academic studies. The course include philosophy of ontology, value theory and methodology in frontiers of domestic and foreign studies, as well as the theoretical issues related to the rule of law development in China since 1978. Topics include theoretical debates related to the practice of socialist legal system in China, a comparative study of the ontology of legal philosophy, The relationship between elements of legal value and its position in the different schools of thought, the right theory under Marx's philosophy of law, legal principles and legal rules within the framework of legal method, the intense relationship between formal justice and substantive justice in the theory of rule of law and legal practice, and Chinese promotion to the rule of law, etc.

Topics on Chinese Legal History
This course is designed to review the Chinese legal history and to let the students understand the key issues, hot issues and trends in this subject. Topics include: legal institutions in Xia, Shang and Western Zhou Dynasty, legal institutions in the spring and Autumn period and the Warring States period, legal institutions in Qin Dynasty, legal institutions in Han Dynasty, legal institutions in Wei, Jin and southern and Northern Dynasties, legal institutions in Sui, Tang and Five Dynasties, legal institutions in Song Liao West Xia, Jin, and Yuan Dynasty, legal institutions in Ming and Qing Dynasty, and legal institutions in Republic of China

Topics on Chinese Constitution
This course is designed to help students obtain the basic principles on enactment and implementation of the Constitution. Topics on Constitution can be divided into three parts, i.e. the ontology of constitution, value theory and institution theory. The part of ontology of constitution mainly covers the nature of the Constitution, concepts of Constitution, the object of the constitutional adjustment, social conditions on the emergence and development of the constitution, categories of history of the Constitution. The part of the value theory mainly covers the constitutional structure and value system, as well as the implementation mechanism of the constitutional value. The part of the institution theory mainly covers constitutional interpretation mechanism, as well as the constitutional implementation mechanism. Besides, it also elaborates on intrinsic relationships between implementation of the Constitution, administration, judicial enforcement mechanisms and constitutional values and orders.

Principles of Criminal Law
This course is designed to introduce the basic theory of criminal law and explore the theoretical basis of criminal legislation and justice in China. Topics include knowledge and system of criminal law, basic theory, conviction theory, theory of sentencing, and the application of the principle of criminal law in separate crime. Knowledge and system of criminal law elaborates its history, current situation and different theoretical system of criminal law in order to form a scientific theory and explore the theoretical system of criminal law with Chinese characteristics. Basic theory explores the concept, task, and basic principle of criminal law and analyzes the standpoint of norms and legal interests, violation of norms and infringement of legal interests and criminal law and the basic principle of criminal law and its implementation. Conviction theory inquires into the theory of the elements of crime, comparing the advantages and disadvantages of the theory of four elements and of three stages illegality and responsibility, defenses against illegality and responsibility, illegality cognition and anticipation possibility, attempted crime and crime termination, joint crimes, and so on. Theory of sentencing explores the concepts, principles and system of sentencing, sentencing benchmark and sentencing standards, sentencing recommendations and sentencing defenses, sentencing reform, and the relationship between, etc. The application of the principle of criminal law in separate crime emphasizes on basic theoretical problems, conviction and sentencing under different crimes.

Advanced Research on Civil law
This course is designed to introduce difficult theoretical problems in civil law system. The course focuses on the related theories of the civil law system, enabling students to build a relatively comprehensive knowledge about the system. The main topics include: the general theory of Civil Law, the Personal Rights Law, the Property Law, and Law of Obligations and Torts. The general theory of Civil Law focuses on civil legal relations, civil entities, legal behaviors, and agents. The Law of Personal Rights focuses on personality rights, identity rights and other personal rights. Property Law focuses on alteration of property rights, right of property claims, ownership, user rights, security interest, and possession, etc. The Law of Obligations focuses on the fulfillment of debt, debt preservations and guarantees, the right of defense, cancellation, and breach of the contract and so on. Torts focus on the liability principles, elements of trots, exemptions, contributory torts, and other special torts.

Principles of Economic Law
This course is designed to enable students to understand the systematic theory system of economic law and the academic frontier of economic law. Topics include the concept of economic law and its origins, the transformation of theory and thoughts, the basic principles of economic law, the principle of operation, the subject matter, the value theory; the structure of economic law, the operation mechanism, the responsibility system, etc.. Among the topics, this course concentrates on the internal function of economic law, the relationship between the government and market, the institutional structure of economic law, the principle of the rule of law within the framework of the market competition.

Advance Research on Civil and Criminal Procedural Law in China
This course is designed to enable students to better understand the frontier of civil and criminal procedural law. The part of civil procedural law contains the research of basic theory and investigation of hot issues in practice. Topics on basic theory include:  the purposes of civil litigation, the relationship between the Civil Procedure Law and the Civil Substantive Law, the principle of the jurisdiction, the public interest litigation and so on. Major issues in practice include: collegial mechanism, the trial grade system, the determination of object of action, the reform of jurisdiction system,  reform of jury system, class action system, and public interest litigation system. The part of criminal procedural law contains the essence of criminal procedure law, international criminal judicial rule and the criminal justice reform in China, detention system and the protection of human rights, the status and the significance of criminal defense system, current situation, causes and preventions of misjudged cases in China, etc.

4. Supervisers

Zhiwen Liang, Tao Jiang, Guoping Zhang, Min Liu, Hexin Huang, Guorong Qin, Dengfeng Yang, Jianming Li, Hao Li, Daotong Cai, Hongming Sui, Ce Qin, Yusheng Li, Li Li, Wenkai Sun, Aiwu Chen, Jinhua Ji, Wanghong Liu, Pixiang Gong, Zheng Pang, Jinwen Xia.

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