Mediation in contemporary Chinese civil justice : a proceduralist diachronic perspective / by Peter C.H. Chan.
Material type:
TextSeries: Chinese and comparative law series ; 4 | Chinese and Comparative Law Series ; 4. | International Law E-Books Online, Collection 2017, ISBN: 9789004328044Publisher: Leiden ; Boston : Brill/Nijhoff, [2017]Description: 1 online resourceContent type: - text
- computer
- online resource
- 9789004342392
- 347.51/09 23
- KNQ1758.S47
Includes bibliographical references and index.
Introduction -- Legal History of Civil Mediation in China -- Fundamental Tenets of Contemporary Chinese Civil Justice: Substantive Justice, Material Truth and the Chinese Judicial Mindset -- Connecting China’s Private and Public Spheres of Civil Dispute Resolution: Grand Mediation, People’s Mediation and Social Engineering -- Court Mediation in the ‘Wang Courts’ and the Impact of Wang Shengjun’s Policies on Future Developments -- An Empirical Analysis of Judicial Conciliation in China -- Trial Management in China: The Institutionalization of Judicial Preference for Court Mediation in Civil Litigation – Overview of Principles and Practice -- Conclusion: Seven Areas of Tension in Chinese Dispute Resolution – The Impact on In-court and Out-of-court Mediation -- The Recent Judicial Reforms in China: Its Impact on Civil Justice and Mediation -- Appendices -- Table of Key Statutes, Statutory Instruments, Judicial Interpretations, Rules and Regulations of the Supreme People’s Court and Abbreviations -- Interview Log -- Survey Questionnaires and Master List of Interview Questions -- List of Published Articles by the Author: The Contents of Which Were Cited and/or Repeated in This Book -- Commercial Mediation in China: A Guide for Foreign Enterprises*.
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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.
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