Mediation in Contemporary China

Mediation in Contemporary China
Author: Hualing Fu
Publisher: Law in East Asia Series
Total Pages: 420
Release: 2017
Genre: Dispute resolution (Law)
ISBN: 9780854902248

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This collection of essays is the result of a collaborative project between Professors Fu Hualing and Michael Palmer, along with scholars in both Hong Kong and mainland China, on the nature and place of mediation in the justice system of the People's Republic of China. The project explores key aspects of the continuing central importance of mediation as a dispute resolution process, the various efforts at the refurbishment of mediation that have been made over the past decade or so, and the reforms that would best enhance the practice, theory and teaching of mediation. Mediation is used in China today for handling disputes in a variety of institutional contexts: 'people's mediation', which is primarily a form of local community dispute resolution, judicial mediation carried out by judges in and around the court, administrative mediation as conducted by officials and often focused on specific areas of governmental responsibility (as, for example, is the case with environment disputes), mediation in arbitral proceedings, and private mediation carried out without specific institutional support. Over the past fifteen years or so, in response to the rapid economic and social changes taking place in mainland China (including, inter alia, a declining importance of the local community) there have been attempts to institutionalize mediation, to resource it better, and to give it more legitimacy and legal force. In handling cases that come before the courts, judicial mediation continues to be seen as a particularly useful process, offering flexibility and effectiveness in dispute resolution (and even in handling serious criminal cases). But at the same time, the widespread reliance on mediation can also mean that dispute negotiations do not take place in the 'shadow of the court' but, rather, in the 'shadow of mediation'. Under the current Xi Jinping government, the Chinese Communist Party's concern with political stability and social harmony has intensified. Even more so now than in the past, China's judges, people's mediators, arbitrators and others have to consider the social and political impact of their dispute resolution work, and to see mediation as a part of a larger scheme of dispute containment.

Mediation in Contemporary Chinese Civil Justice

Mediation in Contemporary Chinese Civil Justice
Author: Peter C.H. Chan
Publisher: Martinus Nijhoff Publishers
Total Pages: 339
Release: 2017-09-18
Genre: Law
ISBN: 9004342397

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In Mediation in Contemporary Chinese Civil Justice, Peter Chan offers one of the most comprehensive analyses of the system of mediation of civil and commercial disputes in contemporary China. Based on extensive interviews with judges and a survey on in-court mediation covering 24 courts in China, the author seeks to answer a question that interests many legal scholars: Is it practically feasible for the mediation of civil disputes in China to take the shape of genuine alternative dispute resolution, rather than being used by the courts as a means to preserve social stability? The book looks beyond procedural rules and examines how judicial culture and beliefs shape the landscape of civil dispute resolution in China.

Mediation and Alternative Dispute Resolution in Modern China

Mediation and Alternative Dispute Resolution in Modern China
Author: Yun Zhao
Publisher: Springer Nature
Total Pages: 160
Release: 2022-04-21
Genre: Law
ISBN: 9811921121

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The book examines the development and application of mediation in China (including Hong Kong). As a popular mechanism for dispute resolution in Chinese history, mediation is believed to be an important process for realizing the official goal of social harmony. Following an overview of the current situation in mainland China and Hong Kong, the book looks into specific legal issues in the application of mediation and the practical use of mediation in specific lines of businesses. The book can serve as an important reference book on the law and practice of mediation in mainland China and Hong Kong for scholars, practitioners, as well as students of mediation and alternative dispute resolution.

Disputes Resolution in Urban Communities in Contemporary China

Disputes Resolution in Urban Communities in Contemporary China
Author: Jieren Hu
Publisher: Springer Nature
Total Pages: 278
Release: 2020-11-06
Genre: Social Science
ISBN: 9811586446

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This book explains the causes, process, and results of group disputes in urban communities (the empirical experiences from Shanghai) in China. It explores the means and characteristics of as well as the differences in conflict resolution in various forms of state–society relations, particularly the ways of dealing with and resolving disputes concerning mass incidents involving government interests in China’s current social transformation period. It also analyzes how people’s mediation organizations interact with the local government when managing and defusing collective disputes. Combining the relevant theories and five conflict resolution measurement models created by Blake and Mouton (1964), this book explains the current interaction model and cooperation mechanism between the state and social organizations in China. To do so, it examines the role of the Lin Le People’s Mediation Workroom in dealing with community collective disputes and the respective action strategies and constraints. The book argues that the current state–social relations in China are not centered on society or the state, but on “state-led social pluralism.”

Dispute Resolution in the People’s Republic of China

Dispute Resolution in the People’s Republic of China
Author: Zhiqiong June Wang
Publisher: BRILL
Total Pages: 339
Release: 2019-12-02
Genre: Law
ISBN: 900433128X

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This book provides a comprehensive and contextual analysis of the various methods of civil dispute resolution in the PRC. The approach to analysis is historical, comparative and socio-legal.

Mediation and Law in China I

Mediation and Law in China I
Author: Liao Yong’an
Publisher: Taylor & Francis
Total Pages: 236
Release: 2023-07-13
Genre: Law
ISBN: 1000869857

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As the first volume of a two-volume set on mediation in China, this book examines the legal foundations of Chinese mediation and feasible paths to the institutionalization and professionalization of mediation. Grounded in traditional dispute resolution practices throughout Chinese history, mediation is born out of the Chinese legal tradition and considered to be “Eastern” in nature. The first volume discusses the legal principles that underpin mediation in China, rooted in a legal tradition that pursues the rule of law and morality as well as the concept of harmony in Chinese society. It first revisits traditional notions and models of Chinese mediation and then puts forward approaches to innovating the concept, institutionalization, and mechanism of mediation. The book also discusses how to promote professionalization and special legislation dedicated to mediation in China, thus establishing a mediation system that fits into and is properly tailored for Chinese society. It introduces diverse styles of mediation and social governance in different cultural contexts and demonstrates the effectiveness of China's experience in dealing with a litigious society. This title will serve as a crucial reference for scholars, students and related professionals interested in alternative dispute resolution, civil litigation, and especially China’s dispute resolution policy, law, and practice.

Modern China and the West

Modern China and the West
Author: Hsiao-yen PENG
Publisher: BRILL
Total Pages: 373
Release: 2014-04-30
Genre: Literary Criticism
ISBN: 9004270221

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In Modern China and the West: Translation and Cultural Mediation, the authors investigate the significant role translation plays in the act of cultural mediation. They pay attention to transnational organizations that bring about cross-cultural interactions as well as regulating authorities, in the form of both nation-states and ideologies, which dictate what, and even how, to translate. Under such circumstances, is there room for individual translators or mediators to exercise their free will? To what extent are they allowed to do so? The authors see translation as a "shaping force." While intending to shape, or reshape, certain concepts through the translating act, translators and cultural actors need to negotiate among multifarious institutional powers that coexist, including traditional and foreign. Contributors include: Françoise Kreissler, Angel Pino, Shan Te-hsing, Nicolai Volland, Joyce C. H. Liu, Huang Ko-wu, Isabelle Rabut, Xiaomei Chen, Zhang Yinde, Peng Hsiao-yen, Sebastian Hsien-hao Liao, and Pin-chia Feng.

Criminal Reconciliation in Contemporary China

Criminal Reconciliation in Contemporary China
Author: Jue Jiang
Publisher: Edward Elgar Publishing
Total Pages: 303
Release: 2016-10-28
Genre: Law
ISBN: 1785363115

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Criminal reconciliation, a special procedure stipulated in PRC’s 2013 Criminal Procedure Law, allows the alleged perpetrators and victims of certain crimes to resolve criminal cases through reconciliation or mediation. Based on empirical studies on pilot practices of this mechanism in three cities in China, this book argues that criminal reconciliation enables abuses of power and infringement of the parties’ access to justice. This programme further throws light on certain fundamental problems with the wider criminal justice system.

Chinese Justice

Chinese Justice
Author: Margaret Y. K. Woo
Publisher: Cambridge University Press
Total Pages: 433
Release: 2011-04-25
Genre: Law
ISBN: 1139499297

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This volume analyzes whether China's thirty years of legal reform have taken root in Chinese society by examining how ordinary citizens are using the legal system in contemporary China. It is an interdisciplinary look at law in action and at legal institutions from the bottom up, that is, beginning with those at the ground level that are using and working in the legal system. It explores the emergent Chinese conception of justice - one that seeks to balance Chinese tradition, socialist legacies and the needs of the global market. Given the political dimension of dispute resolution in creating, settling and changing social norms, this volume contributes to a greater understanding of political and social change in China today and of the process of legal reform generally.

Information Fantasies

Information Fantasies
Author: Xiao Liu
Publisher: U of Minnesota Press
Total Pages: 339
Release: 2019-02-19
Genre: Social Science
ISBN: 1452959498

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Winner of the Science Fiction Research Association Book Award​ A groundbreaking, alternate history of information technology and information discourses Although the scale of the information economy and the impact of digital media on social life in China today could pale that of any other country, the story of their emergence in the post-Mao sociopolitical environment remains untold. Information Fantasies offers a revisionist account of the emergence of the “information society,” arguing that it was not determined by the technology of digitization alone but developed out of a set of techno-cultural imaginations and practices that arrived alongside postsocialism. Anticipating discussions on information surveillance, data collection, and precarious labor conditions today, Xiao Liu goes far beyond the current scholarship on internet and digital culture in China, questioning the limits of current new-media theory and history, while also salvaging postsocialism from the persistent Cold War structure of knowledge production. Ranging over forgotten science fiction, unjustly neglected films, corporeal practices such as qigong, scientific journals, advertising, and cybernetic theories, Information Fantasies constructs an alternate genealogy of digital and information imaginaries—one that will change how we look at the development of the postsocialist world and the emergence of digital technologies.