China Law Practice Blog A blog about Chinese law

Many people have asked me as to whether the LLM program was worth the time and money – being that I was part of the first class of six to participate in the PKU Chinese Law LLM program, there aren’t many resources people could turn. So, I guess they are stuck with my advice. Having practiced in California for about 3 years in litigation as well as transactional in small sized firms, I felt at least I was coming into this program with a fair bit of background knowledge in law practice and fundamentals that would transfer to Chinese law and practice. Think again.

In the first few months, understand that you will not only be dealing with the course work-load but also the day-to-day ‘stuff’ that comes with living in China. Things like getting a bank account, to having to charge up a card for electricity in your apartment (for which I painfully found out one evening when all went dark) are time-consuming ordeals. Luckily we were all assigned “hosts”, 2^nd or 3^rd year law students willing to listen our whinny requests and answer our every stupid question in exchange for being to take one of the LLM classes. I understand some hosts were more helpful than others. Luckily for me I had a superstar who even took me to the Chinese dentist to get a tooth pulled.

Information regarding the tuition, classes offered and admissions process are all on the LLM website, so I won’t be discussing those details here. Here are just some of my reasons why the LLM is worth considering:

The obvious reasons: 1) You are studying Chinese law in China. That means you are in the midst of the fastest growing economy, studying the laws as they are being written and implemented as we speak.  2) You’re studying at one of the top, if not the top law school in China (I am not starting a Tsinghua v. Beida debate here. Tsinghua, I would also rate in the same caliber). You and are likely being taught by a professor who has either directly commented or drafted portions of the law you are studying. 3) You are one of the first groups of Chinese LLM graduates to come out of China.

Other reasons: 1) The professors are really willing to make themselves available to you. I found that they are interested in the laws of your home country and eager to engage in in-depth discussion; 2) You really begin to understand your coursework because you are steeped in China and not studying in your home country. My prior post If You Really Want To Know About China, Talk To The Taxi Drivers, is but an example of this.

Here are some reasons not to enroll in the LLM:

1)      If you do not have one year of your life to dedicate to the program. One can potentially travel back and forth to their home country and even continue a part time practice while taking the LLM. However, if you are only here for the offered classes, you have missed out on the equally if not more important aspect of the program. The dinners and talks with the professors after class, studying and being on the campus regularly is an invaluable part of the LLM program. You will have missed out on attending the numerous talks, and speakers who come to Beida. (i.e. Henry Kissinger, Thomas Friedman, Sandra Day O’Conner).

2)      If you are only getting the LLM to put on your resume. I can think of a million things to do with your money and your time than to bolster your resume with this LLM degree.

3)      If you don’t wish to stay the second year to take an internship in China. Of course there are exceptions. My friend, another student had to go back to his home country as he was one of the partners of a firm. He actually completed an internship while still taking classes, and managed to get all the top grades. He is a superstar though. But for the rest of us, the experience at a Chinese law firm could be the most important part of the LLM.

More importantly, the question of whether the program is worth the money and time absolutely depends on how much student is willing to takes from the program. If you go into the program believing that you are enrolling in an American JD or LLM program and will be getting the same sort of experience, well then you have missed the point.

I was quite dismayed my first few months in the program. I felt that the lectures and discussions were trying to brainwash me into believing the greatness of the Chinese legal system and its laws. I soon realized that a lot of our preconceived notions of law and practice we have just do not transfer over into the Chinese legal model. So in fact, we all needed to temporarily set aside our fundamental understanding of the western legal model and see our new studies in the eyes of not just a Chinese lawyer, but a Chinese person, with all the history to go with. Many of the classes will dedicate a lot of reading to Chinese history, culture, or at least will be stressing the need to understand some background of China. Once I loosened my insistence to IRAC or analyze a case without citing the Carbolic Smoke Ball case, we begin to see understand a bit of the Chinese legal system.

Some suggestions if you are considering the program:

1)      Read up on Chinese history and understand some of the background and how the Chinese legal system came into existence. Well regarded Professor Limin Wang of East China University of Law and Politics’ article, “The Tang Code and the Early Social Development of the Tang Dynasty” gives a good background in the development of China’s legal system.

2)      Learn some Chinese. Even though the course work is in English, use of Chinese characters will be inevitable in your studies, as some will not be translatable. Also some important articles, and laws are not translated in English.

3)      Speak with the professor and engage in debate and discussions on topics you don’t understand or do feel strongly about. (Most if not all of the professors have studied, taught abroad, and are likely even to be an expert in an area of law in your home country).

4)      Make friends with your professors. These are the people who will help you and guide you in your legal aspirations in China, whether they be academic or in practice.

5)      Interact and be involved with the larger Beida community. Join some clubs and other student groups offered on campus. The law building is far from the rest of the school so you will need to make a bi of an effort to venture out and meet Chinese students. After all, they are the future of China.

6)      Complete your second year internship in China, and preferably a Chinese firm. I was at King and Wood, and the experience was irreplaceable.

You may email me or post any comments or questions. I will be happy to share any of my thoughts in more detail.