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 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph offers an ethnographic exploration of the local organisation of consumer complaint processing and dispute resolution in the People's Republic of China - now the second largest consumer market in the world - and how the consumer, both ordinary and 'professional', experiences the local system. Drawing on detailed analysis of an impressive amount of empirical data, this book highlights local Chinese understandings and practice styles of 'mediation', as well as identifying a continuing sense of reliance in popular consciousness 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 explain the failure of an ombuds system to emerge. By looking at the nature of and issues in China's distinctive consumer dispute resolution and complaints system, and the experiences of consumers with that system, this innovative book illustrates the processes available at the local level giving access to justice for aggrieved consumers and provides a unique contribution to comparative consumer law studies in Asia and elsewhere.

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 187 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.

Download or read book Heaven Has Eyes written by Xiaoqun Xu and published by . This book was released on 2020 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Heaven Has Eyes, Xiaoqun Xu provides a comprehensive yet concise history of Chinese law and justice from the imperial era to the post-Mao era. Xu addresses the evolution and function of law codes and judicial practices throughout China's long history, and examines the transition from traditional laws and practices to modern ones in the twentieth century.

Download or read book Access to Justice for Vulnerable and Energy Poor Consumers written by Naomi Creutzfeldt and published by Bloomsbury Publishing. This book was released on 2021-07-01 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do ordinary people access justice? This book offers a novel socio-legal approach to access to justice, alternative dispute resolution, vulnerability and energy poverty. It poses an access to justice challenge and rethinks it through a lens that accommodates all affected people, especially those who are currently falling through the system. It raises broader questions about alternative dispute resolution, the need for reform to include more collective approaches, a stronger recognition of the needs of vulnerable people, and a stronger emphasis on delivering social justice. The authors use energy poverty as a site of vulnerability and examine the barriers to justice facing this excluded group. The book assembles the findings of an interdisciplinary research project studying access to justice and its barriers in the UK, Italy, France, Bulgaria and Spain (Catalonia). In-depth interviews with regulators, ombuds, energy companies, third-sector organisations and vulnerable people provide a rich dataset through which to understand the phenomenon. The book provides theoretical and empirical insights which shed new light on these issues and sets out new directions of inquiry for research, policy and practice. It will be of interest to researchers, students and policymakers working on access to justice, consumer vulnerability, energy poverty, and the complex intersection between these fields. The book includes contributions by Cosmo Graham (UK), Sarah Supino and Benedetta Voltaggio (Italy), Marine Cornelis (France), Anais Varo and Enric Bartlett (Catalonia) and Teodora Peneva (Bulgaria).

Download or read book Civil Justice in China written by Philip C. C. Huang and published by Stanford University Press. This book was released on 1996 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent do newly available case records bear out our conventional assumptions about the Qing legal system? Is it true, for example, that Qing courts rarely handled civil lawsuits--those concerned with disputes over land, debt, marriage, and inheritance--as official Qing representations led us to believe? Is it true that decent people did not use the courts? And is it true that magistrates generally relied more on moral predilections than on codified law in dealing with cases? Based in large part on records of 628 civil dispute cases from three counties from the 1760’s to the 1900’s, this book reexamines those widely accepted Qing representations in the light of actual practice. The Qing state would have had us believe that civil disputes were so "minor” or "trivial” that they were left largely to local residents themselves to resolve. However, case records show that such disputes actually made up a major part of the caseloads of local courts. The Qing state held that lawsuits were the result of actions of immoral men, but ethnographic information and case records reveal that when community/kin mediation failed, many common peasants resorted to the courts to assert and protect their legitimate claims. The Qing state would have had us believe that local magistrates, when they did deal with civil disputes, did so as mediators rather than judges. Actual records reveal that magistrates almost never engaged in mediation but generally adjudicated according to stipulations in the Qing code.

Download or read book Modernization as Lived Experiences written by Fengshu Liu and published by Routledge. This book was released on 2019-11-07 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines, in a culturally and contextually sensitive way, the particularity of what it means to be young in post-Mao China undergoing rapid and dramatic transformation by comparing childhood and youth experiences over three generations. The analysis draws on life-history interviews with Beijing young men and women in their last upper secondary year, their parents and their grandparents. The book offers a comprehensive coverage of the various aspects of life pertinent to youth experiences and compares each of these across three generations, treating them as interrelated and mutually affecting processes – childhood, intergenerational relationships, education and future plans, gender and sexuality. By offering both men’s and women’s accounts of their childhood and youth experiences, which for the three generations combined extend over nearly a century, the book sheds useful light on how gender and sexuality have evolved in China. Fengshu Liu concludes that the young generation’s lives feature a ‘maximization desire’, in sharp contrast to the two older generations’ childhood and youth experiences. The book meticulously weaves rich ethnographic details and individual life stories into a larger and unfolding picture of historical, social and cultural trends, while providing critical insight into Chinese modernization and modernity against the backdrop of globalization. It can thus be an enjoyable read also for people beyond the academia interested in China’s social and cultural transformation and its children and youth.

Download or read book China s Influence and American Interests written by Larry Diamond and published by Hoover Press. This book was released on 2019-08-01 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: While Americans are generally aware of China's ambitions as a global economic and military superpower, few understand just how deeply and assertively that country has already sought to influence American society. As the authors of this volume write, it is time for a wake-up call. In documenting the extent of Beijing's expanding influence operations inside the United States, they aim to raise awareness of China's efforts to penetrate and sway a range of American institutions: state and local governments, academic institutions, think tanks, media, and businesses. And they highlight other aspects of the propagandistic “discourse war” waged by the Chinese government and Communist Party leaders that are less expected and more alarming, such as their view of Chinese Americans as members of a worldwide Chinese diaspora that owes undefined allegiance to the so-called Motherland.Featuring ideas and policy proposals from leading China specialists, China's Influence and American Interests argues that a successful future relationship requires a rebalancing toward greater transparency, reciprocity, and fairness. Throughout, the authors also strongly state the importance of avoiding casting aspersions on Chinese and on Chinese Americans, who constitute a vital portion of American society. But if the United States is to fare well in this increasingly adversarial relationship with China, Americans must have a far better sense of that country's ambitions and methods than they do now.

Download or read book The Futility of Law and Development written by Jedidiah Joseph Kroncke and published by Oxford University Press. This book was released on 2016 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text uses the Sino-American relationship to trace the decline of American legal cosmopolitanism from the Revolutionary era until today.

Download or read book Achieving Open Justice Through Citizen Participation and Transparency written by Carlos E. Jiménez-Gómez and published by Information Science Reference. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is a pivotal reference source for the latest scholarly research on the implementation of open government within the judiciary field, emphasizing the effectiveness and accountability achieved through these actions, highlighting the application of open government concepts in a global context"--

Download or read book Men to Devils Devils to Men written by Barak Kushner and published by Harvard University Press. This book was released on 2015-01-05 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Japanese Army committed numerous atrocities during its pitiless campaigns in China from 1931 to 1945. When the Chinese emerged victorious with the Allies at the end of World War II, many seemed ready to exact retribution for these crimes. Rather than resort to violence, however, they chose to deal with their former enemy through legal and diplomatic means. Focusing on the trials of, and policies toward, Japanese war criminals in the postwar period, Men to Devils, Devils to Men analyzes the complex political maneuvering between China and Japan that shaped East Asian realpolitik during the Cold War. Barak Kushner examines how factions of Nationalists and Communists within China structured the war crimes trials in ways meant to strengthen their competing claims to political rule. On the international stage, both China and Japan propagandized the tribunals, promoting or blocking them for their own advantage. Both nations vied to prove their justness to the world: competing groups in China by emphasizing their magnanimous policy toward the Japanese; Japan by openly cooperating with postwar democratization initiatives. At home, however, Japan allowed the legitimacy of the war crimes trials to be questioned in intense debates that became a formidable force in postwar Japanese politics. In uncovering the different ways the pursuit of justice for Japanese war crimes influenced Sino-Japanese relations in the postwar years, Men to Devils, Devils to Men reveals a Cold War dynamic that still roils East Asian relations today.

Download or read book In the Name of Justice written by Weifang He and published by Brookings Institution Press. This book was released on 2012-11-05 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Of all the issues presented by China’s ongoing economic and sociopolitical transformation, none may ultimately prove as consequential as the development of the Chinese legal system. Even as public demand for the rule of law grows, the Chinese Communist Party still interferes in legal affairs and continues in its harsh treatment of human rights lawyers and activists. Both the frequent occurrences of social unrest in recent years and the growing tension between China’s various interest groups underline the urgency of developing a sound and sustainable legal system. As one of China’s most influential law professors, He Weifang has been at the forefront of the country’s treacherous path toward justice and judicial independence for over a decade. Among his many remarkable endeavors was a successful petition in 2003 that abolished China’s controversial regulations permitting the internment and deportation of urban “vagrants,” bringing to an end two decades of legal discrimination against migrant workers. His bold remarks at the famous New Western Hills Symposium in 2006, including his assertion that “China’s party-state structure violates the PRC Constitution,” are considered a watershed moment in the century-long movement for a constitutional China. With In the Name of Justice, He presents his critical assessment of the state of Chinese legal reform. In addition to a selection of his academic writings, this unique book also includes many of He Weifang’s public speeches, media interviews, and open letters, providing additional insight into his dual roles as thinker and practitioner in the Chinese legal world. Among the topics covered are judicial independence, judicial review, legal education, capital punishment, and the legal protection of free speech and human rights. The volume also offers a historical review of the evolution of Chinese traditional legal thought, enhanced by cross-country comparisons. A proponent of reform rather than revolution, He believes only true constitutionalism can guarantee social justice and enduring stability for China. "He Weifang has argued for two decades that rule of law, however inconvenient at times to some of those who govern, must be embraced because it is ultimately the most reliable protector of the interests of the country, of the average citizen, and, in fact, even of those who govern."—from the Foreword by John L. Thornton, chairman, Brookings Institution Board of Trustees and Professor and Director of Global Leadership at Tsinghua University "What struck me—and shocked me as a foreign visitor—was not only that the entire discussion was explicitly critical of the Chinese Communist Party for its resistance to any meaningful judicial reform, but also that the atmosphere was calm, reasonable, and marked by a sense of humor and sophistication in the expression of ideas."—from the Introduction by Cheng Li, director of research and senior fellow at the John L. Thornton China Center at Brookings

Download or read book Contemporary Confucian Political Philosophy written by Stephen C. Angle and published by John Wiley & Sons. This book was released on 2013-04-17 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Confucian political philosophy has recently emerged as a vibrant area of thought both in China and around the globe. This book provides an accessible introduction to the main perspectives and topics being debated today, and shows why Progressive Confucianism is a particularly promising approach. Students of political theory or contemporary politics will learn that far from being confined to a museum, contemporary Confucianism is both responding to current challenges and offering insights from which we can all learn. The Progressive Confucianism defended here takes key ideas of the twentieth-century Confucian philosopher Mou Zongsan (1909-1995) as its point of departure for exploring issues like political authority and legitimacy, the rule of law, human rights, civility, and social justice. The result is anti-authoritarian without abandoning the ideas of virtue and harmony; it preserves the key values Confucians find in ritual and hierarchy without giving in to oppression or domination. A central goal of the book is to present Progressive Confucianism in such a way as to make its insights manifest to non-Confucians, be they philosophers or simply citizens interested in the potential contributions of Chinese thinking to our emerging, shared world.

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 wide-ranging study considers the primary forms of decision-making – negotiation, mediation, umpiring, as well as the processes of avoidance and violence – in the context of rapidly changing discourses and practices of civil justice across a range of jurisdictions. Many contemporary discussions in this field–and associated projects of institutional design–are taking place under the broad but imprecise label of Alternative Dispute Resolution (ADR). The book brings together and analyses a wide range of materials dealing with dispute processes, and the current debates on and developments in civil justice. With the help of analysis of materials beyond those ordinarily found in the ADR literature, it provides a comprehensive and comparative perspective on modes of handling civil disputes. The new edition is thoroughly revised and is extended to include new chapters on avoidance and self-help, the ombuds, Online Dispute Resolution and pressures of institutionalisation.

Download or read book Comparative and Transnational Dispute Resolution written by Shahla Ali and published by Taylor & Francis. This book was released on 2023-02-10 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume presents research and policy insights into the theory and practice of dispute systems reform in diverse jurisdictions. It highlights how important extra-judicial mechanisms are for resolving cross-border disputes, as evidenced both by the breadth of scholarship dedicated to the issue and the proliferation of parties resorting to non-litigious dispute resolution mechanisms in recent years. Drawing on selected case studies, the book examines the impact of comparative research and policy analysis in advancing reform of dispute resolution institutions at both the regional and global levels. It explores the challenges and opportunities of understanding and assessing developments in systems of dispute resolution in diverse social and political contexts through comparative research. With a growing number of disputes which have come to involve cross-border issues, anyone interested in transnational and comparative dispute resolution will find this book a useful reference.

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.

Download or read book Chinese Industrial Espionage written by William C. Hannas and published by Routledge. This book was released on 2013-06-14 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new book is the first full account, inside or outside government, of China’s efforts to acquire foreign technology. Based on primary sources and meticulously researched, the book lays bare China’s efforts to prosper technologically through others' achievements. For decades, China has operated an elaborate system to spot foreign technologies, acquire them by all conceivable means, and convert them into weapons and competitive goods—without compensating the owners. The director of the US National Security Agency recently called it "the greatest transfer of wealth in history." Written by two of America's leading government analysts and an expert on Chinese cyber networks, this book describes these transfer processes comprehensively and in detail, providing the breadth and depth missing in other works. Drawing upon previously unexploited Chinese language sources, the authors begin by placing the new research within historical context, before examining the People’s Republic of China’s policy support for economic espionage, clandestine technology transfers, theft through cyberspace and its impact on the future of the US. This book will be of much interest to students of Chinese politics, Asian security studies, US defence, US foreign policy and IR in general.

Download or read book Investigative Journalism in China written by David Bandurski and published by Hong Kong University Press. This book was released on 2010-06-01 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite persistent pressure from state censors and other tools of political control, investigative journalism has flourished in China over the last decade. This volume offers a comprehensive, first-hand look at investigative journalism in China, including insider accounts from reporters behind some of China's top stories in recent years. While many outsiders hold on to the stereotype of Chinese journalists as docile, subservient Party hacks, a number of brave Chinese reporters have exposed corruption and official misconduct with striking ingenuity and often at considerable personal sacrifice. Subjects have included officials pilfering state funds, directors of public charities pocketing private donations, businesses fleecing unsuspecting consumers - even the misdeeds of journalists themselves. These case studies address critical issues of commercialization of the media, the development of ethical journalism practices, the rising specter of "news blackmail," negotiating China's mystifying bureaucracy, the dangers of libel suits, and how political pressures impact different stories. During fellowships at the Journalism & Media Studies Centre of the University of Hong Kong, these narratives and other background materials were fact-checked and edited by JMSC staff to address critical issues related to the media transitions currently under way in the PRC. This engaging narrative gives readers a vivid sense of how journalism is practiced in China. --David Bandurski is a scholar at the University of Hong Kong's China Media Project, a research and fellowship initiative of the Journalism & Media Studies Centre. Martin Hala has taught journalism at the Universities in Prague and Bratislava. -