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Mediation in Contemporary Chinese Civil Justice : A Proceduralist Diachronic Perspective (Hardcover)

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The author investigates the system of mediation of civil and commercial disputes in contemporary China, based on interviews with judges and a survey of in-court mediation in 24 courts. He considers whether it is feasible for the mediation of civil disputes in China to be actual alternative dispute resolution, rather than used by the courts to preserve social stability, given the current judicial culture that emphasizes the social effect of the civil process. He examines the influence of president Wang Shengjun’s policies from 2008 to 2013 in shaping China’s mediation regime and how Wang’s legacy impacted the construction of a modern mediation system in China in the wake of current judicial reforms. He describes key concepts in contemporary Chinese civil justice, and the fundamental conceptual differences between contemporary and modern mediation; the legal history of China in relation to civil dispute resolution, from the imperial period to the early days of the People’s Republic of China; the key tenets of contemporary Chinese civil justice; the practice of people’s mediation in China, the policy of “Grand Mediation,” and the relationship between out-of-court mediation and court proceedings; the impact of overusing court mediation on access to justice from 2008 to 2013; the practice of judicial conciliation; the principles underlying the concept of trial management; and the areas of tension in the management of the country’s civil dispute resolution processes. Annotation ©2017 Ringgold, Inc., Portland, OR (protoview.com)
Number of Pages: 327
Genre: Freedom + Security / Law Enforcement
Series Title: Chinese and Comparative Law
Format: Hardcover
Publisher: Brill Academic Pub
Author: Peter C. H. Chan
Language: English
Street Date: August 3, 2017
TCIN: 52872393
UPC: 9789004342385
Item Number (DPCI): 248-50-4674
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