Mediation In Contemporary China

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Mediation in Contemporary China

Author : Hualing Fu
Publisher : Law in East Asia Series
ISBN 13 : 9780854902248
Total Pages : 420 pages
Book Rating : 4.9/5 (22 download)

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Book Synopsis Mediation in Contemporary China by : Hualing Fu

Download or read book Mediation in Contemporary China written by Hualing Fu and published by Law in East Asia Series. This book was released on 2017 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Peter C.H. Chan
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004342397
Total Pages : 339 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Mediation in Contemporary Chinese Civil Justice by : Peter C.H. Chan

Download or read book Mediation in Contemporary Chinese Civil Justice written by Peter C.H. Chan and published by Martinus Nijhoff Publishers. This book was released on 2017-08-03 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 in Contemporary Chinese Civil Justice

Author : Peter C. H. Chan
Publisher : Chinese and Comparative Law
ISBN 13 : 9789004342385
Total Pages : 327 pages
Book Rating : 4.3/5 (423 download)

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Book Synopsis Mediation in Contemporary Chinese Civil Justice by : Peter C. H. Chan

Download or read book Mediation in Contemporary Chinese Civil Justice written by Peter C. H. Chan and published by Chinese and Comparative Law. This book was released on 2017 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Jieren Hu
Publisher : Springer Nature
ISBN 13 : 9811586446
Total Pages : 278 pages
Book Rating : 4.8/5 (115 download)

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Book Synopsis Disputes Resolution in Urban Communities in Contemporary China by : Jieren Hu

Download or read book Disputes Resolution in Urban Communities in Contemporary China written by Jieren Hu and published by Springer Nature. This book was released on 2020-11-06 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 and Alternative Dispute Resolution in Modern China

Author : Yun Zhao
Publisher : Springer Nature
ISBN 13 : 9811921121
Total Pages : 160 pages
Book Rating : 4.8/5 (119 download)

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Book Synopsis Mediation and Alternative Dispute Resolution in Modern China by : Yun Zhao

Download or read book Mediation and Alternative Dispute Resolution in Modern China written by Yun Zhao and published by Springer Nature. This book was released on 2022-04-21 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Hsiao-yen PENG
Publisher : BRILL
ISBN 13 : 9004270221
Total Pages : 373 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Modern China and the West by : Hsiao-yen PENG

Download or read book Modern China and the West written by Hsiao-yen PENG and published by BRILL. This book was released on 2014-04-30 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Liao Yong’an
Publisher : Taylor & Francis
ISBN 13 : 1000869857
Total Pages : 236 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Mediation and Law in China I by : Liao Yong’an

Download or read book Mediation and Law in China I written by Liao Yong’an and published by Taylor & Francis. This book was released on 2023-07-13 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Access to Justice for the Chinese Consumer

Author : Ling Zhou
Publisher : Bloomsbury Publishing
ISBN 13 : 1509931066
Total Pages : 176 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Access to Justice for the Chinese Consumer by : Ling Zhou

Download or read book Access to Justice for the Chinese Consumer written by Ling Zhou and published by Bloomsbury Publishing. This book was released on 2020-05-14 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Information Fantasies

Author : Xiao Liu
Publisher : U of Minnesota Press
ISBN 13 : 1452959498
Total Pages : 339 pages
Book Rating : 4.4/5 (529 download)

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Book Synopsis Information Fantasies by : Xiao Liu

Download or read book Information Fantasies written by Xiao Liu and published by U of Minnesota Press. This book was released on 2019-02-19 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Mediation in Collective Labor Conflicts

Author : Martin C. Euwema
Publisher : Springer
ISBN 13 : 3319925318
Total Pages : 339 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis Mediation in Collective Labor Conflicts by : Martin C. Euwema

Download or read book Mediation in Collective Labor Conflicts written by Martin C. Euwema and published by Springer. This book was released on 2019-05-28 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book opens up the black box of mediation in collective conflicts through the analyses and comparisons of various systems. Mediation and related third party interventions such as conciliation and facilitation are discussed as effective prevention and regulation tools for different types of collective labor conflicts. These interventions fit in a new developed five-phase model of collective conflicts in organizations, going from capacity building in latent conflicts, through conciliation, mediation and arbitration in escalating phases, to rebuilding of trust after hot conflicts. The authors promote understanding and discussion with regards to labor mediation systems, presenting comparative research on the perspectives of mediators and users of mediation. This book describes and analyses laws, regulations and practices of mediation in seventeen countries, with a relative strong emphasis on Europe. Part 1 presents theoretical frameworks on conciliation and mediation in collective labor conflicts. Part 2 presents regulations and practices in 12 European countries: Belgium, Denmark, Estonia, France, Italy, Poland, Portugal, Spain, The Netherlands, and the United Kingdom. Part 3 discusses mediation in these collective conflicts in Australia, China, India, South Africa and the USA. Part 4 offers conclusions and ways forward. This book offers analyses, good practices and developments for third party intervention in collective labor conflicts in global and local changing environments. This book is a must-read for policy makers, , social partners at different levels, as well as scholars and practitioners in industrial relations, human resources management and conflict management, particularly conciliators and mediators.

Mediation and Law in China I

Author : Liao Yong'an
Publisher : Routledge
ISBN 13 : 9781032473499
Total Pages : 0 pages
Book Rating : 4.4/5 (734 download)

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Book Synopsis Mediation and Law in China I by : Liao Yong'an

Download or read book Mediation and Law in China I written by Liao Yong'an and published by Routledge. This book was released on 2023-04-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Jue Jiang
Publisher : Edward Elgar Publishing
ISBN 13 : 1785363115
Total Pages : 304 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Criminal Reconciliation in Contemporary China by : Jue Jiang

Download or read book Criminal Reconciliation in Contemporary China written by Jue Jiang and published by Edward Elgar Publishing. This book was released on 2016-10-28 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Zhiqiong June Wang
Publisher : BRILL
ISBN 13 : 900433128X
Total Pages : 339 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Dispute Resolution in the People’s Republic of China by : Zhiqiong June Wang

Download or read book Dispute Resolution in the People’s Republic of China written by Zhiqiong June Wang and published by BRILL. This book was released on 2019-12-02 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Chinese Justice

Author : Margaret Y. K. Woo
Publisher : Cambridge University Press
ISBN 13 : 1139499297
Total Pages : 433 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Chinese Justice by : Margaret Y. K. Woo

Download or read book Chinese Justice written by Margaret Y. K. Woo and published by Cambridge University Press. This book was released on 2011-04-25 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Tibetan Buddhism among Han Chinese

Author : Joshua Esler
Publisher : Rowman & Littlefield
ISBN 13 : 1498584659
Total Pages : 315 pages
Book Rating : 4.4/5 (985 download)

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Book Synopsis Tibetan Buddhism among Han Chinese by : Joshua Esler

Download or read book Tibetan Buddhism among Han Chinese written by Joshua Esler and published by Rowman & Littlefield. This book was released on 2020-05-28 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study analyzes the growing appeal of Tibetan Buddhism among Han Chinese in contemporary China, Hong Kong, and Taiwan. It examines the Tibetan tradition’s historical context and its social, cultural, and political adaptation to Chinese society, as well as the effects on Han practitioners. The author's analysis is based on fieldwork in all three locations and includes a broad range of interlocutors, such as Tibetan religious teachers, Han practitioners, and lay Tibetans.

Dispute Resolution in China

Author : Weixia Gu
Publisher : Routledge
ISBN 13 : 9780367698836
Total Pages : 0 pages
Book Rating : 4.6/5 (988 download)

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Book Synopsis Dispute Resolution in China by : Weixia Gu

Download or read book Dispute Resolution in China written by Weixia Gu and published by Routledge. This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the law and development of major dispute resolution mechanisms in China, examining the design and legal framework of civil litigation, arbitration and mediation, their operations, challenges, and past-decade reforms.

Dispute Resolution in China

Author : Weixia Gu
Publisher : Routledge
ISBN 13 : 1317584767
Total Pages : 276 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis Dispute Resolution in China by : Weixia Gu

Download or read book Dispute Resolution in China written by Weixia Gu and published by Routledge. This book was released on 2021-02-22 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.