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

By: Material type: TextTextSeries: Chinese and Comparative Law SerPublisher: Leiden ; Boston : Brill/Nijhoff, [2017]Description: 1 online resourceContent type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9004342397
  • 9789004342392
Subject(s): Genre/Form: Additional physical formats: Print version:: Mediation in contemporary Chinese civil justice.DDC classification:
  • 347.51/09 23
LOC classification:
  • KNQ1758.S47
Online resources:
Contents:
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.
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.
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Includes bibliographical references and index.

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.

Print version record and CIP data provided by publisher; resource not viewed.

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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