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Author: Jieren Hu
Publisher: Springer Nature
ISBN: 9811586446
Category : Social Science
Languages : en
Pages : 278
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Book Description
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.”
Author: Jieren Hu
Publisher: Springer Nature
ISBN: 9811586446
Category : Social Science
Languages : en
Pages : 278
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Book Description
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.”
Author: Margaret Y. K. Woo
Publisher: Cambridge University Press
ISBN: 1139499297
Category : Law
Languages : en
Pages : 433
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Book Description
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.
Author: Zhiqiong June Wang
Publisher: BRILL
ISBN: 900433128X
Category : Law
Languages : en
Pages : 339
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Book Description
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.
Author: Hualing Fu
Publisher: Law in East Asia Series
ISBN: 9780854902248
Category : Dispute resolution (Law)
Languages : en
Pages : 420
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Book Description
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.
Author: Dawn Einwalter
Publisher:
ISBN:
Category : China
Languages : en
Pages : 252
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Book Description
Author: Margaret Y. K. Woo
Publisher:
ISBN: 9781139078726
Category : Civil procedure
Languages : en
Pages : 433
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Book Description
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.
Author: Xudong Zhao
Publisher: Springer
ISBN: 3662538342
Category : Social Science
Languages : en
Pages : 292
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Book Description
This book discusses the relationship, interaction and conflict between everyday life and various institutions in a specific village in North China, with a focus on the formal and informal legal systems. It vividly describes the village’s “legal construction problems” as well as the customs and laws, and such it can be seen as a historical and innovative comment on China’s problems. The book is based on the author’s field investigations assessing vast amounts of material concerning local organizations, formal and informal authorities, economic exchange, religious rituals, as well as interviews with villagers and numerous court files. It presents an in-depth exploration of “pluralism of authority” in China’s rural society, and examines how various authorities were formed. It also summarizes how various local disputes are resolved and discusses the villagers’ understanding of the concept of “justice.” Lastly, it suggests ways in which national law and local customs could communicate and collaborate.
Author: Randall Peerenboom
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Since the reform era began in China in 1978, there have been significant changes in the nature and incidence of disputes, conflicts and social disturbances, and the mechanisms for addressing them. As with economic and governance reforms, the government has adopted a pragmatic, problem-solving approach as it has attempted to meet the broad and at times conflicting goals of justice and efficiency while maintaining socio-political stability and rapid economic growth. The result has been continuous experimentation leading to the creation of new mechanisms, the reform of existing mechanisms, and the return to older mechanisms in some cases when newer ones proved disappointing. This is generally true across areas: commercial disputes, constitutional and administrative law, socio-economic issues (pension, welfare and medical claims, labor disputes, land takings and environmental issues), criminal law, and civil and political rights. However, reforms have been more active, progress has been more noticeable, and the path of reforms has been more consistent and direct in some areas than others. We begin with a brief overview of significant developments in the handling of commercial disputes, socio-economic claims and public law (administrative and constitutional law) disputes. Three general patterns stand out: first, the much better performance of institutions for handling disputes in urban areas compared to rural areas; second, the significantly greater progress in handling commercial law disputes compared to socio-economic claims; and third, the more advanced state of development of administrative law compared to constitutional law. We then summarize some of the key factors underlying these patterns and the dynamics of reform, providing an account of why the government has opted for a particular mix of mechanisms to handle a certain type of dispute at any given time, why that mix has changed over time, and why there has been more progress in some areas than other areas. We conclude with some thoughts on what can be expected in the future, and some policy recommendations to help overcome some of the existing problems.
Author: Peter C. H. Chan
Publisher: Chinese and Comparative Law
ISBN: 9789004342385
Category : Law
Languages : en
Pages : 327
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Book Description
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.
Author: Margaret Y. K. Woo
Publisher:
ISBN:
Category :
Languages : en
Pages : 407
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Book Description
