Cultivation Project of Master Degree Students in School of American and Comparative Law
Major Code: 030121
I. Cultivation Goals
The central tasks of School of American and Comparative Law are to teach American law and comparative law on the basis of American law, and conduct the related research. According to the tendency of the development of legal education in 21st century and our country’s actual need after entering WTO, School of American and Comparative Law intends to cultivate advanced legal persons with ability who have not only wide perspective and profound legal accomplishment, but also strong practical skill and academic ability in some field of common law or comparative law. We emphasize on the fusion of different subjects, pay attention to extend students’ mind and foster their ability of specialty, research, practice and foreign language, so that our students can adapt to the need of international development.
- Sticking to correct political value, holding good moral sentiment and complete development in academic level, moral qualities and physical fitness.
- Possessing well-knit theoretical basis and systemic knowledge of law, abiding by academic norms, holding the ability of using legal theoretical tools to analyze and solve actual problems, and being competent for legal research and teaching.
- Possessing the practical skill of related area, and being competent for the work of practical department.
- Being fluent on English, and able to using English to communicate with others in legal field and deal with related foreign legal affairs independently.
II. Concrete Research Major
1. Comparative civil and commercial law
2. Comparative constitutional law and administrative law
3. Comparative legal philosophy
4. Anglo-American law
III. Study Period
- The normal period of Master student are three years.
- Those who have finished cultivation plan ahead of schedule and gotten especially excellent grades, can apply to graduate one year earlier.
- Those who have gotten enough credits but have not finished dissertation can leave ahead of schedule, only after by applied by themselves, agreed by their supervisors, approved by the School and put the records in Graduate School of CUPL.
- Those who can not finish all the school work in the regulated longest period, 以结业论。
Iv. Courses and Credit Requirement
The Credit of Courses of Master students should not be less than 34, and the overall credit should not be less than 36; The Credit of Courses of Master students, who conduct interdisciplinary study or who are matriculated by coequal educational level, should not be less than 38, and the overall credit should not be less than 40.
- Common Courses of Master Degree(10 credit)
Selected readings of Classics of Marx and Lenin 108 school hours 4 credit
Foreign Language 144 school hours 4 credit
Legal English 36 school hours 2 credit
2. Specialty Courses of Master Degree(12 credit)
Anglo-American law of torts 54 school hours 3 credit
Anglo-American law of property 54 school hours 3 credit
Anglo-American law of contract 54 school hours 3 credit
American Commercial Law(including Company law and security law)
54 school hours 3 credit
3. Elective Courses(10 credit, in which the credit of one’s own specialty courses no less than 6)
American Constitutional law and comparative constitutional law 36 school hours 2 credit
American administrative law and comparative administrative law 36 school hours 2 credit
Legal Anthropology/Sociology 36 school hours 2 credit
International law 36 school hours 2 credit
Law and Economics 36 school hours 2 credit
Intellectual law 36 school hours 2 credit
American system of lawyer and law 36 school hours 2 credit
American legal history 36 school hours 2 credit
International litigation in American courts 36 school hours 2 credit
Lawyering 36 school hours 2 credit
Comparative law 36 school hours 2 credit
Reading and Writing of legal English 36 school hours 2 credit
Non-specialty courses can be elected by students freely, which include but not limited as follow: Comparative legal history; Law and regulations of WTO; and other research courses.
4. Reading Report(2 credit)
During the study period, everyone should give reading reports on his major or subject twice at least.
5. Supplement Courses(4 credit)
Civil law 36 school hours 2 credit
Economic Law 36 school hours 2 credit
V. Other Teaching Requirement
- Research Paper(2 credit)
Students should submit one academic article or high-leveled investigation report in each academic year, and after being reviewed by supervisor, they can get 2 credit.
- Social Practice
The Social Practice is a necessary content for every student, it should be implemented by supervisor and relevant department of our school. Social Practice are 36 school hours, but doesn’t constitute any credit.
VI. Cultivation Methods
1. Implementing a system of the combination of the direction of supervisor himself and the supervision group; Absorbing famous professors, experts and supervisors inside and outside our university to take part in supervise the study of our students. At the same time, we will also invite experts from home and abroad to give lectures to our students so as to extend and improve their theoretical level and the ability of relevant practice.
2. The supervisors are responsible for the arrangement for teaching of specialty courses, initiation report and research practice, for arranging master students to attend academic reports and academic conferences, and for encouraging and helping them publish articles on academic publications.
3. During the course of cultivation, supervisors should carry out the principle of combining theory with practice, adopt several methods of combining systemic course study and scientific research, teaching and discussion, study in class and practice after class, and pay much attention to teaching students in accordance of their aptitude, so as to encourage and bring into play master students’ activity, positivity and creativity.
4. School of American and comparative law will provide students who get excellent grades many opportunity to study abroad in many forms, including study in USA as a Ph.D or joint Ph.D student.
VII. Assessing Method
1. The test of master students’ degree courses is normally in the manner of written examination.
2. Before writing the dissertation, master students need to submit two academic year articles.
3. Encouraging students to publish academic research articles dependent or independent during the study period, and those who accord with our special standards can acquire relevant credit for prize.
The dissertation of master students is a comprehensive reflection of one’s research ability, basic theoretical level and the extent to grasp the specialty knowledge, and at the same time is a major embodiment of one’s creative capability. The topic of dissertation should tie up with social, economic, political and cultural fact, and pay attention to the innovation of academic theory.
The concrete requirements of the topic, outline and writing of master students’ dissertation:
1. The selection of the topic of dissertation should be finished in the last year of one’s study, and a detailed syllabus of dissertation should be finished two months after the submission of the topic.
2. Before writing the dissertation, one should have a serious investigation and research about his topic, so that he can collect detailed materials for his dissertation and give a better report of his topic.
3. The dissertation should be finished by master students independently, and cribbing and plagiarizing are prohibited.
4. The dissertation should accords with regulated format, and must have certain academic innovation. The dissertation should not be less than 30 thousand words.
VIIII. Answer of Dissertation and Conferment of Degree
In order to guarantee the quality of dissertation, and perfect the answer system:
1. The application dissertation must accord to the legal condition regulated in National Degree Statue.
2. The application material must be sufficient and complete, and its content must be detailed and true.
3. The commissioner of the answer committee should accord to legal provisions.
4. The process of the answer of dissertation and conferment of degree should be serious, earnest and fair according to relevant rules.
X. Major Bibliography(reflection of the newest dynamics and development, and can be added by supervisor during the process of supercision)
- Bruce A. Ackerman, Reconstructing American law, Cambridge, MA: Harvard University Press, 1984
- Gerald P. McAlinn (ed.), An introduction to American law, Durham, NC: Carolina Academic Press, 2005
- Kermit L. Hall, Paul Finkelman, James W. Ely (eds.), American legal history: cases and materials, New York: Oxford University Press, 2005
- W.E. Butler and V.N. Kudriavtsev (eds.), Comparative law and legal system : historical and socio-legal perspectives, New York: Oceana Publications, 1985
- Rudolf B. Schlesinger et al. (eds.), Comparative law: cases, text, materials, New York : Foundation Press, 1998
- Vivian Grosswald Curran, (ed.), Comparative law: an introduction, Durham, NC: Carolina Academic Press, 2002
- Arthur Taylor von Mehren, James Russell Gordley, The civil law system: an introduction to the comparative study of law, Boston: Little, Brown, 1977
- Csaba Varga (ed.), Comparative legal cultures, New York, NY: New York University Press, 1992
- Leopold Pospísil, Anthropology of law: a comparative theory, New York: Harper & Row, 1971
- Peter Sack and Jonathan Aleck (ed.), Law and anthropology, New York, NY: New York University Press, 1992
- Sally Falk Moore (ed.), Law and anthropology: a reader, Malden, MA: Blackwell Pub., 2005
- A. Javier Trevi?o, The sociology of law: classical and contemporary perspectives, New York: St. Martin's Press, 1996
- Richard A. Posner, Economic analysis of law, Boston: Little, Brown, 1986
- Steven Shavell, Foundations of economic analysis of law, Cambridge, MA: Harvard University Press, 2004
- William B. Lockhart et al., The American Constitution: cases, comments, questions, St. Paul, MN: West Pub. Co., 1991
- Daniel A. Farber, William N. Eskridge, Jr., Philip P. Frickey, Cases and materials on constitutional law: themes for the Constitution's third century, St. Paul, MN: Thomson/West Group, 2003
- Peter L. Strauss, Todd D. Rakoff, Cynthia R. Farina, Gellhorn and Byse's administrative law: cases and comments, New York, NY: Foundation Press; Eagan, MN: Thomson West, 2003
- Richard Craswell, Alan Schwartz (eds.), Foundations of contract law, New York: Foundation Press, 1994
- E. Allan Farnsworth, United States contract law, Ardsley-on-Hudson, N.Y. : Transnational Juris Publications, 1991
- Randy E. Barnett (ed.), Perspectives on contract law, Boston : Little, Brown, 1995
- Anthony T. Kronman, Richard A. Posner, The economics of contract law,
- Boston: Little, Brown, 1979
- American Law Institute, Restatement of the Law, 2d, Contracts.
- American Law Institute and National Conference of Commissioners on Uniform State Laws, Uniform commercial code.
- Saul Levmore et al. (eds.), Foundations of tort law, New York, NY: Oxford University Press, 1994
- Robert L. Rabin (ed.), Perspectives on tort law, Boston : Little, Brown, 1995
- Robert E. Keeton, Lewis D. Sargentich, Gregory C. Keating, Cases and materials on tort and accident law, St. Paul, MN: West Group, 1998
- Kenneth S. Abraham and Albert Clark Tate, Jr. (eds.), A concise restatement of torts, St. Paul, MN: American Law Institute Publishers, 2000
- American Law Institute, Restatement of the Law, 3d, Torts: Liability for Physical Harm.
- American Law Institute, Restatement of the Law, 3d, Torts: Products Liability.
- American Law Institute, Restatement of the Law, 3d, Torts: Apportionment of Liability.
- Robert C. Ellickson, Carol M. Rose, Bruce A. Ackerman (eds.), Perspectives on property law, New York : Aspen Law & Business, 2002
- Joseph William Singer, Property law: rules, policies and practices, New York: Aspen Law & Business, 2002
- American Law Institute, Restatement of the Law, 2d, Property.
- Robert Charles Clark, Corporate law, Boston: Little, Brown and Co., 1986.
- American Law Institute, Principles of Corporate Governance: Analysis and Recommendations.
- Richard L. Marcus, Martin H. Redish, Edward F. Sherman, Civil procedure: a modern approach, St. Paul, MN: West Group, 2000
- Jacob and Alexander, A Guidebook to Intellectual Property—Patents, Trade Marks, Copyright and Designs, Sweet & Maxwell, 2004
- William Cornish, Cases and Materials on Intellectual Property, Sweet & Maxwell, 2003
- Konish, 柯尼什? Intellectual Property: Patent, Copyright, Trademark and related Rights, fifth edition, Sweet and Maxwell, 2003.
- Xu Chuanxi, Legal Development in Changing China, Law Press, 2004.
- Understanding China's Legal System，Edited by Xu Chuanxi，New York University Press, 2003.
- Xue Hong, Intellectual Property and E-Commerce, Law Press, 2003.
- Xue Hong, Chinese Intellectual Property Laws in the 21st Century, Sweet & Maxwell Asia, 2002.
- Xue Hong, The Protection of Intellectual Property of Data, Intellectual Property Press, 2002.
- Xue Hong, Law of Intellectual Property in an Internet Era, Law Press, 2000.
- Xue Hong, Software Protection in China—A Complete Guide, Sweet & Maxwell Asia, 1999.
- Damuyafu(大木雅夫), Comparative Law, Law Press, 1999.
- Zweigt and Koetz(茨威格特与克茨), An Introduction to Comparative Law, Law Press.
- David, Contemporary Major Legal Systems.
- Comparative Legal Culture,《比较法律文化》，埃尔曼（美国）著.
- Tort Law, Law Press, 1999.《侵权法》，爱德华·J·柯恩卡著，法律出版社，1999年版
- Contract Law, Law Press, 1999. 《合同法》，克劳德·D·柔沃等著，法律出版社，1999年版
- Company Law, Law Press, 1999. 《公司法》，罗伯特·W·汉密尔顿著，法律出版社，1999年版
- Real Estate, Law Press, 1999.《不动产法》，罗杰·H·伯恩哈特等著，法律出版社，1999年版
- Uniform Commercial Code, Law Press, 1999. 《统一商法典》，布拉德福德·斯通著，法律出版社，1999年版
- Judicial Procedure, Law Press, 1999. 《司法程序》，威廉·L·雷诺德著，法律出版社，1999年版
- Law and Economics, Law Press, 1999.《法与经济学》，杰弗里·L·哈里森著，法律出版社，1999年版
- Comparative Legal Tradition, Law Press, 1999.《比较法律传统》，玛丽·A·格林顿等著，法律出版社，1999年版
- Legal Search: A Nutshell, Law Press, 1999. 《法律检索精要》，莫里科·L·科恩等著，法律出版社，1999年版
- Miller, Intellectual Property: patent, Trademark and Copyright, Law Press.《知识产权法：专利、商标与著作权》，阿瑟·R·米勒著，法律出版社
- Constitutional Citizen Rights, Law Press, 1999. 《宪法公民权》，诺曼·维拉著，法律出版社，1999年版