Mediation in contemporary Chinese civil justice : a proceduralist diachronic perspective / by Peter C. H. Chan.

Format:

Book

Author/Creator:

Chan, Peter C. H., author.

Series:

Chinese and comparative law series ; Volume 4.

Chinese and Comparative Law Series, 2213-4875 ; Volume 4

Language:

English

Subjects (All):

Mediation--China.

Mediation.

Dispute resolution (Law)--China.

Dispute resolution (Law).

Conciliation (Civil procedure)--China.

Conciliation (Civil procedure).

Physical Description:

1 online resource (327 pages).

Edition:

1st ed.

Place of Publication:

Leiden, Netherlands ; Boston, [Massachusetts] : Brill Nijhoff, 2017.

Summary:

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.

Contents:

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*.

Notes:

Includes bibliographical references and index.

Description based on print version record.

ISBN:

90-04-34239-7

Publisher Number:

10.1163/9789004342392 DOI