Mediation in Contemporary Chinese Civil Justice - Bookswagon
close menu
Bookswagon
search
My Account
Home > International law > Mediation in Contemporary Chinese Civil Justice: A Proceduralist Diachronic Perspective(4 Chinese and Comparative Law Series)
Mediation in Contemporary Chinese Civil Justice: A Proceduralist Diachronic Perspective(4 Chinese and Comparative Law Series)

Mediation in Contemporary Chinese Civil Justice: A Proceduralist Diachronic Perspective(4 Chinese and Comparative Law Series)


     0     
5
4
3
2
1



Out of Stock


Notify me when this book is in stock
X
About the Book

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.

Table of Contents:
Excerpt from Table of Contents Acknowledgements Introduction 1.1 The Research Question and the Scope of this Book 1.2 The Concept of Mediation in Chinese Legal Tradition 1.3 Fundamental Concepts in Contemporary Chinese Civil Justice 1.4 The ‘modern’ Definition of ‘mediation’ 1.5 Fundamental Conceptual Differences between Contemporary Chinese Mediation and Modern Mediation 1.6 The Chinese Court System 1.7 Methodology: A Proceduralist Diachronic Perspective Supplemented by an Empirical Enquiry 1.8 Synthesizing Thoughts in Previously Published Articles 2 Legal History of Civil Mediation in China 2.1 Chinese Legal Culture of wu Song 2.2 Mediation as a Communal Dispute Resolution Mechanism 2.3 Magisterial Adjudication: The Role of Mediation in Civil Dispute Resolution in Imperial China 2.4 Court-referred Pre-action Mediation in the Republican Era (1911–1949) 2.5 The Shadow of the Legendary Ma Xiwu: The Legal History of the ‘people’s judge’ and the Impact of His Adjudicatory Approach in Contemporary China 2.6 Early Civil Procedural Designs on Court Mediation and Regulation of Out-of-court Mediation in the People’s Republic 2.7 Xiao Yang and the Rise of Formalism in Chinese Civil Procedure 2.8 Wang Shengjun’s Judicial Philosophy 2.9 Chapter Conclusion 3 Fundamental Tenets of Contemporary Chinese Civil Justice: Substantive Justice, Material Truth and the Chinese Judicial Mindset 3.1 Chapter Introduction: The Underlying Philosophy of Contemporary Chinese Civil Adjudication 3.2 The Pre-eminence of Substantive Justice in Chinese Civil Adjudication: Using Civil Appeals in China as Illustration 3.3 The Pre-eminence of Substantive Justice in Chinese Civil Adjudication: Using the Adjudication Supervision Procedure as Illustration 3.4 Civil Fact-finding in China – The Search for Material Truth 3.5 Chapter Conclusion 4. Connecting China’s Private and Public Spheres of Civil Dispute Resolution: Grand Mediation, People’s Mediation and Social Engineering 4.1 The ‘Da Tiaojie’ (Grand Mediation) System and the Ideological Basis for the Rise of Mediation: A Bird’s Eye View of the Chinese Mediation Regime under Da Tiaojie 4.2 People’s Mediation 4.3 Origins and Ideological Underpinnings of People’s Mediation 4.4 Nexus between Private and Public Spheres of Civil Dispute Resolution 4.5 Chapter Conclusion 5 Court Mediation in the ‘Wang Courts’ and the Impact of Wang Shengjun’s Policies on Future Developments 5.1 Introduction – The Relevance of a Study on the Wang Courts 5.2 Introducing Mediation in the Wang Courts: The Judicial Responsibility System, Case Management and Social Harmony 5.3 The Position of the Individual Judge within the Chinese Judiciary 5.4 Critical Examination of Court Mediation in the Wang Courts and beyond: Procedural Problems and Solutions 5.5 Settlement Rate in Appellate Review and Re-adjudication 5.6 Chapter Conclusion: Reforming Court Mediation in China by Separating Conciliation from Adjudication 6 An Empirical Analysis of Judicial Conciliation in China 6.1 Judicial Perception is Reality: The Value of Qualitative Empirical Research on Chinese Law and Procedure 6.2 Methodology 6.3 Social Effect vs. Procedural Justice: Is Anjie shiliao Still the Paramount Goal in Chinese Civil Justice? 6.4 Is the Policy of ‘prioritizing conciliation’ Still in Effect? What is Its Impact on Adjudication? 6.5 Coerced Conciliation and Undue Influence from the Bench 6.6 Effect of Judicial Conciliation on Ultimate Judgment Should There be No Settlement 6.7 The Position of Substantive Law in Judicial Conciliation 6.8 Trial Management, Case Quality Evaluation and Settlement Rate 6.9 Practical Aspects of Judicial Conciliation as Revealed in the Surveys 6.10 Chapter Conclusion: The Position on Judicial Conciliation since March 2013 as Revealed in the Latest Interviews 7 Trial Management in China: The Institutionalization of Judicial Preference for Court Mediation in Civil Litigation – Overview of Principles and Practice 7.1 Trial Management and Civil Justice: Bureaucratic Justice or Managerial Excellence? 7.2 An Overview of the 2011 SPC Case Quality Opinion 7.3 Operational Aspects of Civil Trial Management in China 7.4 Effect of the Trial Management System on Court Mediation in China: An Institutionalized Distortion of (What is Supposed to be) an ADR Mechanism 7.5 A Critical Examination of Case Quality Evaluation System from the Perspective of Procedural Justice 7.6 Chapter Conclusion 8 Conclusion: Seven Areas of Tension in Chinese Dispute Resolution – The Impact on In-court and Out-of-court Mediation 8.1 ‘Chinese exceptionalism’ and Civil Justice 8.2 First Area of Tension in Chinese Dispute Resolution: Black-Letter Law vs. Judicial Practice 8.3 Second Area of Tension in Chinese Dispute Resolution: Official Representation of Justice vs. the Reality of Mass Case-Processing Needs 8.4 Third Area of Tension in Chinese Dispute Resolution: SPC Policy vs. Local Implementation 8.5 Fourth Area of Tension in Chinese Dispute Resolution: Procedural Justice vs. Substantive Justice 8.6 Fifth Area of Tension in Chinese Dispute Resolution: Bureaucratic Supervision vs. Adjudicatory Autonomy 8.7 Sixth Area of Tension in Chinese Dispute Resolution: International Norms of Practice vs. Chinese Exceptionalism 8.8 Seventh Area of Tension in Chinese Dispute Resolution: Regulatory State vs. ‘autonomy’ of the Judiciary 8.9 Final Remarks 8.10 Legal Culture and Civil Mediation in China 8.11 Political Culture and Civil Mediation in China 8.12 A Final Word Afterword: The Recent Judicial Reforms in China: Its Impact on Civil Justice and Mediation 9.1 Pre-reform Indicators 9.2 Pilot Programmes and SPC Circuit Courts 9.3 The Latest spc Reform Package (2015) 9.4 Redefining the Power Structure: Re-distributing Powers of the Chinese Communist Party to Procurators and Courts 9.5 Concluding Remarks: Reform’s Impact on Mediation: Superficial Change or Real Overhaul? appendices; bibliography; index.

About the Author :
Peter C.H. Chan (LL.B, PCLL, LL.M, Ph.D) is an Assistant Professor at the School of Law, City University of Hong Kong. He has published widely in comparative civil procedure and the Chinese court system.


Best Sellers


Product Details
  • ISBN-13: 9789004342385
  • Publisher: Brill
  • Publisher Imprint: Martinus Nijhoff
  • Height: 235 mm
  • No of Pages: 328
  • Series Title: 4 Chinese and Comparative Law Series
  • Sub Title: A Proceduralist Diachronic Perspective
  • Width: 155 mm
  • ISBN-10: 9004342389
  • Publisher Date: 03 Aug 2017
  • Binding: Hardback
  • Language: English
  • Returnable: Y
  • Spine Width: 25 mm
  • Weight: 698 gr

Related Categories

Similar Products

Add Photo
Add Photo

Customer Reviews

REVIEWS      0     
Click Here To Be The First to Review this Product
Mediation in Contemporary Chinese Civil Justice: A Proceduralist Diachronic Perspective(4 Chinese and Comparative Law Series)
Brill -
Mediation in Contemporary Chinese Civil Justice: A Proceduralist Diachronic Perspective(4 Chinese and Comparative Law Series)
Writing guidlines
We want to publish your review, so please:
  • keep your review on the product. Review's that defame author's character will be rejected.
  • Keep your review focused on the product.
  • Avoid writing about customer service. contact us instead if you have issue requiring immediate attention.
  • Refrain from mentioning competitors or the specific price you paid for the product.
  • Do not include any personally identifiable information, such as full names.

Mediation in Contemporary Chinese Civil Justice: A Proceduralist Diachronic Perspective(4 Chinese and Comparative Law Series)

Required fields are marked with *

Review Title*
Review
    Add Photo Add up to 6 photos
    Would you recommend this product to a friend?
    Tag this Book Read more
    Does your review contain spoilers?
    What type of reader best describes you?
    I agree to the terms & conditions
    You may receive emails regarding this submission. Any emails will include the ability to opt-out of future communications.

    CUSTOMER RATINGS AND REVIEWS AND QUESTIONS AND ANSWERS TERMS OF USE

    These Terms of Use govern your conduct associated with the Customer Ratings and Reviews and/or Questions and Answers service offered by Bookswagon (the "CRR Service").


    By submitting any content to Bookswagon, you guarantee that:
    • You are the sole author and owner of the intellectual property rights in the content;
    • All "moral rights" that you may have in such content have been voluntarily waived by you;
    • All content that you post is accurate;
    • You are at least 13 years old;
    • Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.
    You further agree that you may not submit any content:
    • That is known by you to be false, inaccurate or misleading;
    • That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
    • That violates any law, statute, ordinance or regulation (including, but not limited to, those governing, consumer protection, unfair competition, anti-discrimination or false advertising);
    • That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
    • For which you were compensated or granted any consideration by any unapproved third party;
    • That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
    • That contains any computer viruses, worms or other potentially damaging computer programs or files.
    You agree to indemnify and hold Bookswagon (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Bazaarvoice, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.


    For any content that you submit, you grant Bookswagon a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell, transfer, and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. Additionally,  Bookswagon may transfer or share any personal information that you submit with its third-party service providers, including but not limited to Bazaarvoice, Inc. in accordance with  Privacy Policy


    All content that you submit may be used at Bookswagon's sole discretion. Bookswagon reserves the right to change, condense, withhold publication, remove or delete any content on Bookswagon's website that Bookswagon deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use.  Bookswagon does not guarantee that you will have any recourse through Bookswagon to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Bookswagon reserves the right to remove or to refuse to post any submission to the extent authorized by law. You acknowledge that you, not Bookswagon, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Bookswagon, its agents, subsidiaries, affiliates, partners or third party service providers (including but not limited to Bazaarvoice, Inc.)and their respective directors, officers and employees.

    Accept

    Fresh on the Shelf


    Inspired by your browsing history


    Your review has been submitted!

    You've already reviewed this product!
    Your IP: 216.73.217.75 IN