Mediation In Contemporary China

Mediation In Contemporary China Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Mediation In Contemporary China book. This book definitely worth reading, it is an incredibly well-written.

Mediation in Contemporary China

Hualing Fu,Michael Palmer (Barrister)
Mediation in Contemporary China Book PDF

Author : Hualing Fu,Michael Palmer (Barrister)
Publisher : Law in East Asia Series
Page : 420 pages
File Size : 54,7 Mb
Release : 2017
Category : Dispute resolution (Law)
ISBN : 0854902244

Get Book

Mediation in Contemporary China by Hualing Fu,Michael Palmer (Barrister) Pdf

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

Peter C. H. Chan
Mediation in Contemporary Chinese Civil Justice Book PDF

Author : Peter C. H. Chan
Publisher : Chinese and Comparative Law
Page : 327 pages
File Size : 43,6 Mb
Release : 2017
Category : Law
ISBN : 9004342389

Get Book

Mediation in Contemporary Chinese Civil Justice by Peter C. H. Chan Pdf

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.

Disputes Resolution in Urban Communities in Contemporary China

Jieren Hu
Disputes Resolution in Urban Communities in Contemporary China Book PDF

Author : Jieren Hu
Publisher : Springer Nature
Page : 278 pages
File Size : 44,5 Mb
Release : 2020-11-06
Category : Social Science
ISBN : 9789811586446

Get Book

Disputes Resolution in Urban Communities in Contemporary China by Jieren Hu Pdf

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.”

Mediation in Contemporary Chinese Civil Justice

Peter C.H. Chan
Mediation in Contemporary Chinese Civil Justice Book PDF

Author : Peter C.H. Chan
Publisher : Martinus Nijhoff Publishers
Page : 339 pages
File Size : 52,8 Mb
Release : 2017-08-03
Category : Law
ISBN : 9789004342392

Get Book

Mediation in Contemporary Chinese Civil Justice by Peter C.H. Chan Pdf

In Mediation in Contemporary Chinese Civil Justice, Peter Chan offers by far one of the most comprehensive analyses of the system of mediation of civil and commercial disputes in contemporary China.

Mediation and Alternative Dispute Resolution in Modern China

Yun Zhao
Mediation and Alternative Dispute Resolution in Modern China Book PDF

Author : Yun Zhao
Publisher : Springer Nature
Page : 160 pages
File Size : 42,7 Mb
Release : 2022-04-21
Category : Law
ISBN : 9789811921124

Get Book

Mediation and Alternative Dispute Resolution in Modern China by Yun Zhao Pdf

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.

Modern China and the West

Hsiao-yen PENG,Isabelle Rabut
Modern China and the West Book PDF

Author : Hsiao-yen PENG,Isabelle Rabut
Publisher : BRILL
Page : 373 pages
File Size : 51,7 Mb
Release : 2014-04-30
Category : Literary Criticism
ISBN : 9789004270220

Get Book

Modern China and the West by Hsiao-yen PENG,Isabelle Rabut Pdf

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.

Mediation and Law in China I

Liao Yong’an,Wang Cong
Mediation and Law in China I Book PDF

Author : Liao Yong’an,Wang Cong
Publisher : Taylor & Francis
Page : 236 pages
File Size : 52,6 Mb
Release : 2023-07-13
Category : Law
ISBN : 9781000869859

Get Book

Mediation and Law in China I by Liao Yong’an,Wang Cong Pdf

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.

Criminal Reconciliation in Contemporary China

Jue Jiang
Criminal Reconciliation in Contemporary China Book PDF

Author : Jue Jiang
Publisher : Edward Elgar Publishing
Page : 304 pages
File Size : 49,6 Mb
Release : 2016-10-28
Category : Law
ISBN : 9781785363115

Get Book

Criminal Reconciliation in Contemporary China by Jue Jiang Pdf

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.

Dispute Resolution in the People’s Republic of China

Zhiqiong June Wang,Jianfu Chen
Dispute Resolution in the People s Republic of China Book PDF

Author : Zhiqiong June Wang,Jianfu Chen
Publisher : BRILL
Page : 339 pages
File Size : 55,7 Mb
Release : 2019-12-02
Category : Law
ISBN : 9789004331280

Get Book

Dispute Resolution in the People’s Republic of China by Zhiqiong June Wang,Jianfu Chen Pdf

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.

Access to Justice for the Chinese Consumer

Ling Zhou
Access to Justice for the Chinese Consumer Book PDF

Author : Ling Zhou
Publisher : Bloomsbury Publishing
Page : 176 pages
File Size : 42,9 Mb
Release : 2020-05-14
Category : Law
ISBN : 9781509931064

Get Book

Access to Justice for the Chinese Consumer by Ling Zhou Pdf

This book offers a socio-legal exploration of localised consumer complaint processing and dispute resolution in the People's Republic of China – now the second largest consumer market in the world – and the experiences of both ordinary and 'professional' consumers. Drawing on detailed analysis of an impressive body of empirical data, this book highlights local Chinese understandings and practice styles of 'mediation', and identifies in popular consciousness a continuing sense of reliance on the government for securing consumer rights in China. These are not only important features of consumer dispute processing in themselves, but also help to to explain why no ombudsman system has emerged. This innovative book looks at the nature of China's distinctive dispute resolution and complaints system, issues within that system, and the experiences of consumers within it. The book illustrates the access to justice processes locally available to aggrieved consumers and provides a unique contribution to comparative consumer law studies in Asia and elsewhere.

Chinese Justice

Margaret Y. K. Woo,Mary E. Gallagher
Chinese Justice Book PDF

Author : Margaret Y. K. Woo,Mary E. Gallagher
Publisher : Cambridge University Press
Page : 433 pages
File Size : 43,5 Mb
Release : 2011-04-25
Category : Law
ISBN : 9781139499293

Get Book

Chinese Justice by Margaret Y. K. Woo,Mary E. Gallagher Pdf

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.

Dispute Resolution in China

Weixia Gu
Dispute Resolution in China Book PDF

Author : Weixia Gu
Publisher : Routledge
Page : 276 pages
File Size : 40,7 Mb
Release : 2021-02-22
Category : Law
ISBN : 9781317584766

Get Book

Dispute Resolution in China by Weixia Gu Pdf

China's ever-expanding commercial influence has attracted global attention on how its civil and commercial disputes are resolved. This compelling new book, Dispute Resolution in China, offers a detailed examination of the elements in the Chinese legal system and the relevant reforms to the multiplicity of approaches to civil and commercial disputes in China today. This book reveals how civil litigation, commercial arbitration, mediation, and their hybrid dispute resolution have distinctly responded to, reformed, and developed in the context of China’s transformational economic growth, societal development, and international interaction in the last two decades. It situates these developments and continued experimentation within a unique hybrid of empirical, contextual, and comparative analytical framework, while paving productive pathways towards the future. This book argues that, rather than being a legal project, China’s civil and commercial dispute resolution system is essentially a social development project, which distinguishes the Chinese approach to civil justice reform from contemporary civil justice movements elsewhere. Among the primary methods of dispute resolution, commercial arbitration in China today uniquely transcending the traditional socio-political constraints, its reform has developed in favor of market-oriented considerations and shaped by China’s socio-economic dynamics and internationalization needs. By contrast, civil litigation and mediation being more instrumentalist in nature, their reform is socio-politically embedded and continues to prioritize social stability. This book also shines a fresh light on comparative assessments of top-down and bottom-up changes in China’s dispute resolution discourse, as well as on how China speaks to international dispute resolution systems. Original and rich in its analysis, this book will be essential reading and invaluable reference tool for scholars with a focus on Chinese law, comparative and international dispute resolution, and on broader legal, institutional, economic, social, political and cultural dimensions of dispute resolution development.

Mediation and Law in China I

Liao Yong'an,Wang Cong
Mediation and Law in China I Book PDF

Author : Liao Yong'an,Wang Cong
Publisher : Routledge
Page : 0 pages
File Size : 40,8 Mb
Release : 2023-04-28
Category : Electronic
ISBN : 1032473495

Get Book

Mediation and Law in China I by Liao Yong'an,Wang Cong Pdf

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.

Arbitration in China

Kun Fan
Arbitration in China Book PDF

Author : Kun Fan
Publisher : Bloomsbury Publishing
Page : 366 pages
File Size : 48,9 Mb
Release : 2013-02-11
Category : Law
ISBN : 9781782250739

Get Book

Arbitration in China by Kun Fan Pdf

In the context of harmonisation of arbitration law and practice worldwide, to what extent do local legal traditions still influence local arbitration practices, especially at a time when non-Western countries are playing an increasingly important role in international commercial and financial markets? How are the new economic powers reacting to the trend towards harmonisation? China provides a good case study, with its historic tradition of non-confrontational means of dispute resolution now confronting current trends in transnational arbitration. Is China showing signs of adapting to the current trend of transnational arbitration? On the other hand, will Chinese legal culture influence the practice of arbitration in the rest of the world? To address these challenging questions it is necessary to examine the development of arbitration in the context of China's changing cultural and legal structures. Written for international business people, lawyers, academics and students, this book gives the reader a unique insight into arbitration practice in China, based on a combination of theoretical analysis and practical insights. It explains contemporary arbitration in China from an interdisciplinary perspective and with a comparative approach, setting Chinese arbitration in its wider social context to aid understanding of its history, contemporary practice, the legal obstacles to modern arbitration and possible future trends. In 2011 the thesis on which this book was based was named 'Best Thesis in International Studies' by the Swiss Network for International Studies. “What distinguishes this work from other books on international arbitration is its interdisciplinary perspective and comparative approach...this book makes a remarkable contribution to the understanding of arbitration in China and transnational arbitration in general. Academics, scholars and students of international arbitration, comparative studies and globalisation may all find this book stimulating. It also provides useful guidance for practitioners involved or interested in arbitration in China.” From the Foreword by Gabrielle Kaufmann-Kohler

Information Fantasies

Xiao Liu
Information Fantasies Book PDF

Author : Xiao Liu
Publisher : U of Minnesota Press
Page : 339 pages
File Size : 50,8 Mb
Release : 2019-02-19
Category : Social Science
ISBN : 9781452959498

Get Book

Information Fantasies by Xiao Liu Pdf

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.