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Mediation in Contemporary China: Continuity and Change


ISBN13: 9780854902248
Published: March 2017
Publisher: Wildy, Simmonds and Hill Publishing
Country of Publication: UK
Format: Hardback
Price: £65.00



In stock.

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.

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.

Subjects:
Other Jurisdictions , Wildy, Simmonds and Hill, Arbitration and Dispute Resolution, China
Contents:
Introduction

PART A: GENERAL ISSUES
People’s Mediation Enters the 21st Century
Rethinking the Mediation Campaign;
Mediation in Contemporary China: Thinking About Reform

PART B: MIXED PROCESSES
When Local Meets International: Mediation Combined with Arbitration in China and Its Prospective Reform in a Comparative Context;
The Judge as Mediator in China and its Alternatives: A Problem in Chinese Civil Justice;
Grassroots Judges of China in the Resurgence from Adjudicatory to Mediatory Justice: Transformation of Roles and Inherent Conflict of Identities

PART C: SUBSTANTIVE ISSUES
Post-Disaster Mediation in China;
A Dose to Cure Medical Chaos: Medical Mediation in China;
The Development of Securities Dispute Mediation in China: Prospect and Problems?; Buying “leniency,” selling “justice”? A critical discussion of “criminal reconciliation” (xingshi hejie) under China’s revised Criminal Procedural Law;
Domestic Violence and Mediation in Contemporary China;
Divorce Disputes and Popular Legal Culture of the Weak: A Case Study of Chinese Reality TV Mediation; Mediation of Environmental Disputes;
Consumer Council Dispute Resolution: A Case Study;
Regulating collective labour disputes in China: A tale of two actors

Series: Law in East Asia

Re-Ordering Hong Kong: Decolonisation and the Hong Kong Bill of Rights Ordinance ISBN 9780854902309
Published September 2017
Wildy, Simmonds and Hill Publishing
£65.00
Manufactured Obscurity: The Postcolonial Erasure of Suzerainty and the Changing Legal Status of Tibet ISBN 9780854901692
Published September 2015
Wildy, Simmonds and Hill Publishing
£65.00
The Evolution of the Land System in China: Politicized Law? ISBN 9780854901432
Published January 2015
Wildy, Simmonds and Hill Publishing
£65.00
The Revival of Private Property and Its Limits in Post-Mao China ISBN 9780854901333
Published January 2014
Wildy, Simmonds and Hill Publishing
£65.00
Traditional Chinese Penal Law ISBN 9780854900930
Published August 2013
Wildy, Simmonds and Hill Publishing
£65.00
China's Pre-Trial Justice: Criminal Justice, Human Rights and Legal Reforms in Contemporary China ISBN 9780854901036
Published January 2012
Wildy, Simmonds and Hill Publishing
£65.00
Corporate Governance and Legal Reform in China ISBN 9780854900367
Published March 2009
Wildy, Simmonds and Hill Publishing
£65.00
British Rule in China: Law and Justice in Weihaiwei 1898-1930 ISBN 9780854900268
Published August 2008
Wildy, Simmonds and Hill Publishing
£45.00
China's Psychiatric Inquisition: Dissent, Psychiatry and the Law in Post-1949 China ISBN 9781898029854
Published October 2006
Wildy, Simmonds and Hill Publishing
£65.00
Implementation of the WTO Agreements in China ISBN 9781898029793
Published October 2005
Wildy, Simmonds and Hill Publishing
£65.00