The Revival Of Mediation In The Peoples Republic Of China

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Confucianism for the Modern World

Author : Daniel A. Bell
Publisher : Cambridge University Press
ISBN 13 : 9780521527880
Total Pages : 404 pages
Book Rating : 4.5/5 (278 download)

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Book Synopsis Confucianism for the Modern World by : Daniel A. Bell

Download or read book Confucianism for the Modern World written by Daniel A. Bell and published by Cambridge University Press. This book was released on 2003-09-08 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: While Confucian ideals continue to inspire thinkers and political actors, discussions of concrete Confucian practices and institutions appropriate for the modern era have been conspicuously absent from the literature thus far. This volume represents the most cutting edge effort to spell out in meticulous detail the relevance of Confucianism for the contemporary world. The contributors to this book--internationally renowned philosophers, lawyers, historians, and social scientists--argue for feasible and desirable Confucian policies and institutions as they attempt to draw out the political, economic, and legal implications of Confucianism for the modern world.

Dispute Processes

Author : Simon Roberts
Publisher : Cambridge University Press
ISBN 13 : 9780521676014
Total Pages : 412 pages
Book Rating : 4.6/5 (76 download)

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Book Synopsis Dispute Processes by : Simon Roberts

Download or read book Dispute Processes written by Simon Roberts and published by Cambridge University Press. This book was released on 2005-10-20 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: This wide-ranging study considers the primary forms of decision-making - negotiation, mediation, and umpiring - in the context of rapidly changing discourses and practices of civil justice across many jurisdictions. Much contemporary discussion in this field, and associated projects of institutional design, are taking place under the wide ranging but imprecise label of Alternative Dispute Resolution (ADR). If a common linking theme is sought, the authors argue that this must lie in a general shift of priorities as between judgement and settlement in ideological terms. This new edition brings together and analyses a wide range of materials dealing with dispute processes and the current debates on civil justice. With the help of a selection of texts beyond those ordinarily found in the emerging alternative dispute resolution literature it provides a broad, comparative perspective on modes of handling civil disputes, with the principal focus on the central processes of negotiation and mediation.

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: Dispute resolution reforms in China in the last decade or so have all centred around the strategy of establishing an integrated dispute resolution system as part of China’s modern governance system. This new integrated system, referred to as the ‘Mechanism for Pluralist Dispute Resolution (PDR)’ in China, serves as a dispute resolution system as well as a comprehensive social control mechanism. This book is the first academic attempt to explain the methods of civil and commercial dispute resolution in China from the perspective of PDR. It systematically and critically examines the development of China’s dispute resolution system, with each chapter analysing in detail the development and transformation of the different institutions, mechanisms and processes in their historical, politico-economic and comparative context.

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.

Court Mediation Reform

Author : Shahla F. Ali
Publisher : Edward Elgar Publishing
ISBN 13 : 1786435861
Total Pages : 237 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis Court Mediation Reform by : Shahla F. Ali

Download or read book Court Mediation Reform written by Shahla F. Ali and published by Edward Elgar Publishing. This book was released on 2018-03-30 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: As judiciaries advance, exploring how court mediation programs can provide opportunities for party-directed reconciliation whilst ensuring access to formal legal channels requires careful investigation. Court Mediation Reform explores comparative empirical findings in order to examine the association between court mediation structure and perceptions of justice, efficiency and confidence in courts.

The Routledge Handbook of Chinese Criminology

Author : Liqun Cao
Publisher : Routledge
ISBN 13 : 1135021465
Total Pages : 381 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis The Routledge Handbook of Chinese Criminology by : Liqun Cao

Download or read book The Routledge Handbook of Chinese Criminology written by Liqun Cao and published by Routledge. This book was released on 2013-07-24 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the world’s second largest economy, China has made great progress in developing criminology. The Routledge Handbook of Chinese Criminology aims to be a key reference point to summarize the large body of literature in both Chinese and English about various aspects of crime and its control in China for international scholars with an interest in the development of criminological research on and in the Greater China region, and for everyone with a broad interest in international criminology. The editors of the handbook have selected authoritative contributors recognized for their research and scholarship on China, Hong Kong Macao, and Taiwan. This handbook consists of five sections: An account of the development of criminology as an academic discipline in modern China, as well as some of the unique theories, strategies, or philosophies of crime control that have emerged, An analysis of the criminal justice system in China, including the police, the courts, corrections, juvenile justice and the death penalty, An exploration of the issues and problems in conducting research in China, Reflections on the nature of crime and criminality in China, including drugs, prostitution, human trafficking, corruption, floating population, domestic violence, and white-collar crime, An account of crime and criminal justice in Taiwan, Hong Kong, and Macao. The book presents a coherent and comprehensive collection of essays on current research and theory in criminology, crime and justice in China and Greater China, and the Editors’ Introduction and Conclusion provide further contextualisation of the Handbook’s key themes.

Perceptions in Litigation and Mediation

Author : Tamara Relis
Publisher : Cambridge University Press
ISBN 13 : 0521517311
Total Pages : 305 pages
Book Rating : 4.5/5 (215 download)

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Book Synopsis Perceptions in Litigation and Mediation by : Tamara Relis

Download or read book Perceptions in Litigation and Mediation written by Tamara Relis and published by Cambridge University Press. This book was released on 2009-01-12 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book compares the different perceptions of legal disputes during litigation and mediation processes. By examining case processing from the unique angle of juxtaposing all actors' understandings of the same issues in ongoing cases, the book provides a novel view of the diversity of lawyer-party realities. The findings reveal inherent problems with the core workings of the legal system.

The Fugitive Identity of Mediation

Author : Debbie De Girolamo
Publisher : Routledge
ISBN 13 : 1134075111
Total Pages : 258 pages
Book Rating : 4.1/5 (34 download)

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Book Synopsis The Fugitive Identity of Mediation by : Debbie De Girolamo

Download or read book The Fugitive Identity of Mediation written by Debbie De Girolamo and published by Routledge. This book was released on 2013-07-18 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite much having been written about what mediation is, direct observations of commercial mediations are limited. This book grants an opportunity to observe mediation in action and also provides external commentary about the actions observed. The book approaches Mediation ethnographically as a social process that is informed by structures, rules and norms that colour the environment within which it operates. Through the ethnographic method, a process leading to negotiated order is examined, baring its elements, identifying its influences and studying the movement to order. The result is the reconceptualization of mediation. The mediator is invited into the negotiation as third party intervener. He creates the process of mediation, defining the process by his actions, which ultimately merges mediator with process. This book provides a window to the lived experience of participants to mediation: it explores their understandings of and interactions within a process they have experienced together and demonstrates how mediation is a process inextricably linked to negotiation. The Fugitive Identity of Mediation will be of interest to scholars, mediators, parties who participate in the process, and to those active in public policy discourse.

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.

Mediation

Author : Carrie Menkel-Meadow
Publisher : Routledge
ISBN 13 : 1351792180
Total Pages : 676 pages
Book Rating : 4.3/5 (517 download)

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Book Synopsis Mediation by : Carrie Menkel-Meadow

Download or read book Mediation written by Carrie Menkel-Meadow and published by Routledge. This book was released on 2018-05-08 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2001. This volume of essays explores the theoretical and jurisprudential bases of mediated forms of dispute resolution, from legal, anthropological, sociological, psychological and political sources. It also presents ongoing disputes about the field itself, including its threat to conventional litigation and justice seeking adjudication, and its promise in providing more humane and tailored solutions to human problems.

Chinese Law

Author : Constance A. Johnson
Publisher : DIANE Publishing
ISBN 13 : 078812532X
Total Pages : 144 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Chinese Law by : Constance A. Johnson

Download or read book Chinese Law written by Constance A. Johnson and published by DIANE Publishing. This book was released on 1995-10 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covers the period from the middle of 1985 through the middle of 1989. Materials included are journal articles and monographs, not newspaper items. Covers: banking, civil law, contracts, criminal law, customs, elections, family law, Hong Kong and Macao, human rights, import and export, labor law, maritime law, military law, private international law, state security, taxation, technology transfer, texts of laws and more.

A Handbook of Dispute Resolution

Author : Karl J Mackie
Publisher : Routledge
ISBN 13 : 1134952805
Total Pages : 355 pages
Book Rating : 4.1/5 (349 download)

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Book Synopsis A Handbook of Dispute Resolution by : Karl J Mackie

Download or read book A Handbook of Dispute Resolution written by Karl J Mackie and published by Routledge. This book was released on 2013-01-11 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Handbook of Dispute Resolution examines the theoretical and practical developments that are transforming the practice of lawyers and other professionals engaged in settling disputes, grievance-handling and litigation. The book explains what distinguishes ADR from other forms of dispute resolution and examines the role ADR can play in a range of contexts where litigation would once have been the only option, such as family law and company law. In some areas, like industrial relations, ADR is not an alternative, but the main method of conflict-intervention, and several contributors draw on their experience of negotiating between management and unions. A wide variety of methods is open to the non-litigious, including resort to Ombudsmen, negotiation, small claims courts and mini-trials; these and other options receive detailed attention. Given the newness of ADR as a discipline, questions about the training of mediators and about the role of central government have not yet been resolved. The final section of the book is devoted to discussion of these issues. Case studies are drawn from the international arena - examples from China, Canada, Australia, Germany and North America place ADR in a cultural and historical perspective.

Contracts in the People’s Republic of China

Author : Jacques H. Herbots
Publisher : Die Keure Publishing
ISBN 13 : 9048632730
Total Pages : 295 pages
Book Rating : 4.0/5 (486 download)

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Book Synopsis Contracts in the People’s Republic of China by : Jacques H. Herbots

Download or read book Contracts in the People’s Republic of China written by Jacques H. Herbots and published by Die Keure Publishing. This book was released on 2018-03-12 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: A complete and well-documented review of contract law in China. This in-depth introduction to the law of contracts of Mainland China was written for Western lawyers who have contacts with the People’s Republic of China, for scholars and students of comparative law or of Sinology. As stated above the book is merely an introduction, not a technical legal treatise for specialised private lawyers. It is therefore useful for businessmen too. Without using stale language, this work also places the law of contractual obligations in an historical and socio-political context. It sketches, besides the general theory of contractual obligations and the provisions on the several specific contracts, the Chinese case law on international sales contracts, as well as the law on the dispute resolution. It can be said that with regard to the private law the book opens a window on the continental Chinese legal culture, as Zweigert and Kötz would call it. An essential handbook for all lawyers who wish to be fully involved in international relationships ABOUT THE AUTHOR Jacques H. Herbots devoted his PhD thesis to African law. Thereafter, for many years he taught contracts, obligations and comparative law at the renowned university of Louvain. Besides his main tasks as a professor, he kept feeling the pulse of the living law as a deputy judge, as an assessor in the Belgian Council of State and as a member of the High Council for the Judiciary. He is currently still arbitrator in the Belgian Centre for Arbitration and Mediation, and he was appointed to the panel of the CIETAC in Beijing. Ever since a visit to the People’s Republic in 1974, one may safely say he has been fascinated by the Empire of the Middle.

Chinese Civil Justice, Past and Present

Author : Philip C. C. Huang
Publisher : Rowman & Littlefield
ISBN 13 : 0742567710
Total Pages : 317 pages
Book Rating : 4.7/5 (425 download)

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Book Synopsis Chinese Civil Justice, Past and Present by : Philip C. C. Huang

Download or read book Chinese Civil Justice, Past and Present written by Philip C. C. Huang and published by Rowman & Littlefield. This book was released on 2009-12-16 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: The culmination of twenty years of research, this essential book completes distinguished historian Philip C. C. Huang's pathbreaking trilogy on Chinese law and society from late imperial times to the present. Huang shows how, at the level of ideology and theory, traditional Chinese law has been rejected time and again in the past century by China's own lawmakers, first in the late Qing and the republic, then in the revolutionary and Maoist periods of the People's Republic, and finally again in the current reform era. Considering legal theory alone, modern Chinese law can only be Western law, and past Chinese law—traditional or Maoist—can have no role under the leadership's current preoccupations with modernization and marketization. But what has actually happened historically at the level of judicial practice and the daily lives of common people? In exploring this central question, Huang draws on a rich array of court records and field interviews to illustrate the surprising strength of traditional Chinese civil justice. Albeit much altered, its legacy can be traced in informal and semiformal community justice (e.g., societal and cadres mediation), as well as in multiple spheres of court-administered formal civil justice, including property rights, inheritance and old-age maintenance, and debt obligations. He also identifies the influence of Maoist justice, especially its divorce and civil court mediation practices. Finally, despite the reform era's massive importation of Western laws, legal reasoning employed in judicial practice has shown remarkable continuity, with major implications for China's future legal system.

Dispute Processes

Author : Michael Palmer
Publisher : Cambridge University Press
ISBN 13 : 1107070546
Total Pages : 433 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Dispute Processes by : Michael Palmer

Download or read book Dispute Processes written by Michael Palmer and published by Cambridge University Press. This book was released on 2020-07-09 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition considers a wide range of materials dealing with dispute processes and current debates on civil justice.

New Courts in Asia

Author : Andrew Harding
Publisher : Routledge
ISBN 13 : 113518271X
Total Pages : 589 pages
Book Rating : 4.1/5 (351 download)

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Book Synopsis New Courts in Asia by : Andrew Harding

Download or read book New Courts in Asia written by Andrew Harding and published by Routledge. This book was released on 2010-01-21 with total page 589 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses court-oriented legal reforms across Asia with a focus on the creation of ‘new courts’ over the last 20 years. Contributors discuss how to judge new courts and examine whether the many new courts introduced over this period in Asia have succeeded or failed. The ‘new courts’ under scrutiny are mainly specialist courts, including those established to hear cases involving intellectual property disputes, bankruptcy petitions, commercial contracts, public law adjudication, personal law issues and industrial disputes. The justification of the trend to ‘judicialize’ disputes has seen the invocation of Western-style rule of law as necessary for the development of the market economy, democratization, good governance and the upholding of human rights. This book also includes critics of court building who allege that it serves a Western agenda rather than serving local interests, and that the emphasis on judicialization marginalises alternative local and traditional modes of dispute resolution. Adopting an explicitly comparative perspective, and contrasting the experiences of important Asian states - China, Japan, Korea, Malaysia, Vietnam, Brunei, Thailand and Indonesia - this book considers critical questions including: Why has the ‘new-court model’ been adopted, and why do international development agencies and nation-states tend to favour it? What difficulties have the new courts encountered? How have the new courts performed? What are the broader implications of the trend towards the adoption of judicial solutions to economic, social and political problems? Written by world authorities on court development in Asia, this book will not only be of interest to legal scholars and practitioners, but also to development specialists, economists and political scientists.

Securities Dispute Resolution in China

Author : Sanzhu Zhu
Publisher : Routledge
ISBN 13 : 135114958X
Total Pages : 297 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Securities Dispute Resolution in China by : Sanzhu Zhu

Download or read book Securities Dispute Resolution in China written by Sanzhu Zhu and published by Routledge. This book was released on 2018-02-06 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Securities Dispute Resolution in China is a comprehensive and detailed study of the increasingly important issue of how cases involving securities are dealt with by Chinese courts, commissions and other administrative authorities and by arbitration and mediation in the PRC. The work identifies the nature and types of securities disputes and the various procedures, including alternative dispute resolution, used to address them. This timely, groundbreaking book is particularly relevant at a time of growing foreign investment in China's securities market. The volume will be an invaluable resource for researchers and practitioners in developed as well as emerging markets.