2010年12月18日星期六

China Trade and Investment Law 2010 Assignment

BUSL388 China Trade and Investment Law 2010
ASSIGNMENT
Topics
Part A (5 marks)
Answer the following in not more than 50 words:
Last year (2009), the Supreme People’s Court in the People’s Republic of China has outlined in
a legal document three elements that it regards to be “the doctrine” of the people’s tribunal.
What are these three elements? In your answer, you must also give the title of the relevant
legal document, the date of its promulgation and the date upon which it became effective. (5
marks)
Part B (7 marks)
1. The Standing Committee of the 11th National People’s Congress of the People’s Republic
of China has amended an article in the General Principles of the Civil Law of the People’s
Republic of China. What is the number of the amended article? What are the new
wordings of the amended article? When did this amendment become effective? Answer
in not more than 40 words. (3 marks)
2. At the same time, which provision in the General Principles of the Civil Law of the People’s
Republic of China has been repealed/deleted by the Standing Committee of the 11th
National People’s Congress of the People’s Republic of China? Answer in not more
than 10 words. (1 marks)
3. If it is said that such amendment and repeal/deletion can be made earlier, what do you
think are the reasons? Answer in not more than 30 words. (3 marks)
Part C (6 marks)
Answer the following in no more than one page:
For a person to be appointed as a director of a company listed in the Shanghai Stock
Exchange, what is/are the eligibility requirement(s) that this person needs to satisfy in addition
to those stipulated in the Company Law of the People’s Republic of China? In your answer,
also give the title of the relevant legal document, the relevant article number, and the
promulgation date, effective date and promulgation authority of such legal document. (6
marks)
Part D (27 marks)
Answer the following questions in 800-900 words:
Why did the Labour Contract Law of the People’s Republic of China (2007) introduce
provisions in relation to labour dispatch? Had there been any problems before the
introduction of these provisions? If yes, what were these problems? How do the provisions
in the Labour Contract Law of the People’s Republic of China (2007) seek to solve these
problems? (N.B. Do NOT merely copy the articles of the law. You need to explain and
analyse in your own words.)
Due date for submission
Students must hand in the Assignment before 5:00 p.m. on 5 October 2010 as follows:
1. One electronic copy through Turn-It-In; and
2. One hard copy to: B.E.S.S. - Business & Economics Student Services (formerly ERIC)
at E4B 106
Phone: 9850 8450
Opening Hours (in semester): 9am - 7.30pm Monday – Thursday; 9am - 5pm Friday.
Out of hours, Assignments can be submitted in their secure overnight box.
Penalty on late submission
Late submissions will be penalised with a deduction of 3 marks for each day late.
Submission made on 5 October 2010 but after 5:00 p.m. is considered as one day late. After
8 October 2010, submission of Assignments will not be accepted.
Cover Sheet
The Cover Sheet (in the form as provided in the unit’s Blackboard site) must be completed,
signed and stapled to the top left-hand corner of each Assignment. It is students’
responsibility to print and attach it to the front of the Assignment. Assignment without
coversheet will not be marked and will be returned to the student with a zero mark.
Format
Handwritten Assignments will not be accepted. All Assignments must be typed, in A4-sized
white papers, in the following format:
Font size: 12 point
Font: Times New Roman
Spacing: One-and-a-half-line spacing
Margins: not less than 2.6 cm.
Failure to comply with any of the required format described above is subject to a penalty of 4
marks.
In English
The Assignment must be in English.
Word length
Please follow the respective word length requirement as stated for the different parts of this
Assignment. Failure to comply with the word length requirement in each part will be subject to
a penalty of a deduction of 10% of the marks
In English
The Assignment must be in English.
Word length
Please follow the respective word length requirement as stated for the different parts of this
Assignment. Failure to comply with the word length requirement in each part will be subject to
a penalty of a deduction of 10% of the marks for that part.
Referencing
Part D in all BUSL388 Assignments must have:
Referencing by footnotes (NOT endnotes or in-text referencing); and
Detailed bibliography of all source materials.
Footnotes and Bibliography are not needed for Parts A, B and C.
Referencing Format
The required convention for providing references (i.e. footnotes) and bibliography is the
Australian Guide to Legal Citation, which is available online (for viewing) at:
http://mulr.law.unimelb.edu.au/go/aglc. Please note that the third edition of the Australian
Guide to Legal Citation is now available. The Referencing Format previously found in the
Blackboard site for this unit was prepared under the second edition. The aforesaid
Referencing Format has now been taken out from the Blackboard site. If you have
downloaded/printed a copy of the Referencing Format, please discard it. You should follow
the third edition of the Australian Guide to Legal Citation.
Assessment Criteria
See p.8 of the Unit Outline and pp. 2-5 in the document “Assessment Criteria BUSL388 2010”
in the Blackboard site of this unit BUSL388.
Return of Marked Assignments
From 29 October 2009, students can collect the marked Assignments (except the
Assignments submitted late) from the B.E.S.S. - Business & Economics Student Services
(see above for address) by presenting their student identity card (or a form of photo identity
such as driver license or passport). Students cannot collect Assignments for others UNLESS
they have a signed letter from the student or a proxy form signed by the student.
Plagiarism
The University defines plagiarism in its rules: "Plagiarism involves using the work of another
person and presenting it as one's own." Plagiarism is a serious breach of the University's rules
and carries significant penalties. You must read the University's practices and procedures on
plagiarism. These can be found in the Handbook of Undergraduate Studies or on the web at:
http://www.student.mq.edu.au/plagiarism/
The policies and procedures explain what plagiarism is, how to avoid it, the procedures that will
be taken in cases of suspected plagiarism, and the penalties if you are found guilty.
Penalties may include a deduction of marks, failure in the unit, and/or referral to the
University Discipline Committee.
Collective or collaborative work is NOT ACCEPTABLE and will receive ZERO MARK. 

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