Download or read book Disputes Resolution in Urban Communities in Contemporary China written by Jieren Hu and published by Springer Nature. This book was released on 2020-11-06 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains the causes, process, and results of group disputes in urban communities (the empirical experiences from Shanghai) in China. It explores the means and characteristics of as well as the differences in conflict resolution in various forms of state–society relations, particularly the ways of dealing with and resolving disputes concerning mass incidents involving government interests in China’s current social transformation period. It also analyzes how people’s mediation organizations interact with the local government when managing and defusing collective disputes. Combining the relevant theories and five conflict resolution measurement models created by Blake and Mouton (1964), this book explains the current interaction model and cooperation mechanism between the state and social organizations in China. To do so, it examines the role of the Lin Le People’s Mediation Workroom in dealing with community collective disputes and the respective action strategies and constraints. The book argues that the current state–social relations in China are not centered on society or the state, but on “state-led social pluralism.”
Download or read book Chinese Justice written by Margaret Y. K. Woo and published by Cambridge University Press. This book was released on 2011-04-25 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyzes whether China's thirty years of legal reform have taken root in Chinese society by examining how ordinary citizens are using the legal system in contemporary China. It is an interdisciplinary look at law in action and at legal institutions from the bottom up, that is, beginning with those at the ground level that are using and working in the legal system. It explores the emergent Chinese conception of justice - one that seeks to balance Chinese tradition, socialist legacies and the needs of the global market. Given the political dimension of dispute resolution in creating, settling and changing social norms, this volume contributes to a greater understanding of political and social change in China today and of the process of legal reform generally.
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: This book provides a comprehensive and contextual analysis of the various methods of civil dispute resolution in the PRC. The approach to analysis is historical, comparative and socio-legal.
Download or read book The Transformation of Public and Neighborhood Dispute Processes in Contemporary Urban China written by Dawn Einwalter and published by . This book was released on 1997 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Mediation in Contemporary China written by Hualing Fu and published by Law in East Asia Series. This book was released on 2017 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays is the result of a collaborative project between Professors Fu Hualing and Michael Palmer, along with scholars in both Hong Kong and mainland China, on the nature and place of mediation in the justice system of the People's Republic of China. The project explores key aspects of the continuing central importance of mediation as a dispute resolution process, the various efforts at the refurbishment of mediation that have been made over the past decade or so, and the reforms that would best enhance the practice, theory and teaching of mediation. Mediation is used in China today for handling disputes in a variety of institutional contexts: 'people's mediation', which is primarily a form of local community dispute resolution, judicial mediation carried out by judges in and around the court, administrative mediation as conducted by officials and often focused on specific areas of governmental responsibility (as, for example, is the case with environment disputes), mediation in arbitral proceedings, and private mediation carried out without specific institutional support. Over the past fifteen years or so, in response to the rapid economic and social changes taking place in mainland China (including, inter alia, a declining importance of the local community) there have been attempts to institutionalize mediation, to resource it better, and to give it more legitimacy and legal force. In handling cases that come before the courts, judicial mediation continues to be seen as a particularly useful process, offering flexibility and effectiveness in dispute resolution (and even in handling serious criminal cases). But at the same time, the widespread reliance on mediation can also mean that dispute negotiations do not take place in the 'shadow of the court' but, rather, in the 'shadow of mediation'. Under the current Xi Jinping government, the Chinese Communist Party's concern with political stability and social harmony has intensified. Even more so now than in the past, China's judges, people's mediators, arbitrators and others have to consider the social and political impact of their dispute resolution work, and to see mediation as a part of a larger scheme of dispute containment.
Download or read book Dispute and Risk Preventing in Modern China written by Lu Yilong and published by Routledge. This book was released on 2025-03-31 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first of a two-volume set on dispute resolution in China, this book explores the landscape of disputes and risks in modern China, analyzing dispute resolution mechanisms and social impacts. Drawing on extensive social survey data, the author examines different types of disputes that occur in both rural and urban China. This volume summarizes 20 types of disputes in rural China, including their incidence and resolution, while also examining social contradictions and disputes in urban areas. Through theoretical frameworks such as dispute pyramid theory, law mobilization theory, and legality theory, the book provides deep insights into the complexities of conflict resolution in a rapidly changing society. Importantly, it emphasizes the importance of co-governance in conflict resolution and the development of risk control mechanisms for building a harmonious society. This title will appeal to scholars, students, and policymakers in the fields of law, sociology, and Chinese studies, especially those interested in understanding the intersection of law and society, social change, and governance in modern China.
Download or read book Dispute and Resolution Mechanism in Modern China written by Lu Yilong and published by Routledge. This book was released on 2025-03-31 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the second volume of a two-volume set on dispute resolution in modern China, this book presents an in-depth analysis of various disputes in modern China, exploring different experiences of dispute resolution and their implications. Through a series of case studies ranging from civil disputes, land-related conflicts, rural transportation accidents, and interethnic social contradictions, this volume offers a nuanced examination of dispute resolution in contemporary China. Each chapter presents specific scenarios, ranging from family conflicts to civil disputes to farmers' contradictions with the government. The author employs various theoretical frameworks, including alienation theory and the risk society perspective, to analyze these disputes and their resolutions. The book highlights the importance of using diverse resolution methods beyond the legal approach, the unintended consequences of legal intervention, and the need to build safety valves in multi-ethnic areas to maintain social harmony. This title will appeal to scholars, students, and policymakers in the fields of law, sociology, and Chinese studies, especially those interested in understanding the intersection of law and society, social change, and governance in modern China.
Download or read book Chinese Justice written by Margaret Y. K. Woo and published by Cambridge University Press. This book was released on 2011-04-25 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyzes whether China's thirty years of legal reform have taken root in Chinese society by examining how ordinary citizens are using the legal system in contemporary China. It is an interdisciplinary look at law in action and at legal institutions from the bottom up, that is, beginning with those at the ground level that are using and working in the legal system. It explores the emergent Chinese conception of justice - one that seeks to balance Chinese tradition, socialist legacies, and the needs of the global market. Given the political dimension of dispute resolution in creating, settling, and changing social norms, this volume contributes to a greater understanding of political and social change in China today and of the process of legal reform generally.
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 Mediation in Contemporary Chinese Civil Justice written by Peter C. H. Chan and published by Chinese and Comparative Law. This book was released on 2017 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Dispute Resolution in China written by Randall Peerenboom and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the reform era began in China in 1978, there have been significant changes in the nature and incidence of disputes, conflicts and social disturbances, and the mechanisms for addressing them. As with economic and governance reforms, the government has adopted a pragmatic, problem-solving approach as it has attempted to meet the broad and at times conflicting goals of justice and efficiency while maintaining socio-political stability and rapid economic growth. The result has been continuous experimentation leading to the creation of new mechanisms, the reform of existing mechanisms, and the return to older mechanisms in some cases when newer ones proved disappointing. This is generally true across areas: commercial disputes, constitutional and administrative law, socio-economic issues (pension, welfare and medical claims, labor disputes, land takings and environmental issues), criminal law, and civil and political rights. However, reforms have been more active, progress has been more noticeable, and the path of reforms has been more consistent and direct in some areas than others. We begin with a brief overview of significant developments in the handling of commercial disputes, socio-economic claims and public law (administrative and constitutional law) disputes. Three general patterns stand out: first, the much better performance of institutions for handling disputes in urban areas compared to rural areas; second, the significantly greater progress in handling commercial law disputes compared to socio-economic claims; and third, the more advanced state of development of administrative law compared to constitutional law. We then summarize some of the key factors underlying these patterns and the dynamics of reform, providing an account of why the government has opted for a particular mix of mechanisms to handle a certain type of dispute at any given time, why that mix has changed over time, and why there has been more progress in some areas than other areas. We conclude with some thoughts on what can be expected in the future, and some policy recommendations to help overcome some of the existing problems.
Download or read book Mediation and Alternative Dispute Resolution in Modern China written by Yun Zhao and published by Springer. This book was released on 2022-04-23 with total page 159 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.
Download or read book Civil Justice written by Margaret Y. K. Woo and published by . This book was released on 2011 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Human Dignity Human Rights and Social Justice written by Zhibin Xie and published by Springer Nature. This book was released on 2020-06-25 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores human dignity, human rights and social justice based on a Chinese interdisciplinary dialogue and global perspectives. In the Chinese and other global contexts today, social justice has been a significant topic among many disciplines and we believe it is an appropriate topic for philosophers, theologians, legal scholars, and social scientists to sit together, discuss, enrich each other, and then deepen our understanding of the topic. Many of them are concerned with the conjuncture between social justice, human rights, and human dignity. The questions this volume asks are: what’s the place of human rights in social justice? How is human dignity important in the discourse on human rights? And, through these inquiries, we ask further: how is possible to achieve humanist justice? This volume presents the significance, challenges, and constraints of human dignity in human rights and social justice and addresses the questions through philosophical, theological, sociological, political, and legal perspectives and these are placed in dialogue between the Chinese and other global settings. We are concerned with the norms regarding human dignity, human rights and social justice while we take seriously into account their practice. This volume consists of two main sections. The first section examines Chinese perspectives on human rights and social justice, in which both from Confucianism and Christianity are considered and the issues such as patriotism, religious freedom, petition, social protest, the rights of marginalized people, and sexual violence are studied. The second section presents the perspectives of Christian public theologians in the global contexts. They examine the influence of Christian thought and practice in the issues of human rights and social justice descriptively and prescriptively and address issues such as religious laws and rights, diaconia, majoritarianism, general equality, social-economic disparities, and climate justice from global perspectives including in the contexts of America, Australia, Israel and Europe. With contributions by experts from mainland China, Hong Kong, South Korea, Australia, New Zealand, the UK, USA and Norway, the book provides valuable cross-cultural and interdisciplinary insights and perspectives. As such it will appeal to political and religious leaders and practitioners, particularly those working in socially engaged religious and civil organizations in various geopolitical contexts, including the Korean Peninsula and Japan.
Download or read book Power and Justice written by Xudong Zhao and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the relationship, interaction and conflict between everyday life and various institutions in a specific village in North China, with a focus on the formal and informal legal systems. It vividly describes the village's "legal construction problems" as well as the customs and laws, and such it can be seen as a historical and innovative comment on China's problems. The book is based on the author's field investigations assessing vast amounts of material concerning local organizations, formal and informal authorities, economic exchange, religious rituals, as well as interviews with villagers and numerous court files. It presents an in-depth exploration of "pluralism of authority" in China's rural society, and examines how various authorities were formed. It also summarizes how various local disputes are resolved and discusses the villagers' understanding of the concept of "justice." Lastly, it suggests ways in which national law and local customs could communicate and collaborate.
Download or read book The Politics of Community Building in Urban China written by Thomas Heberer and published by Taylor & Francis. This book was released on 2011-03-29 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to make sense of the recent reform of neighbourhood institutions in urban China. It builds on the observation that the late 1990s saw a comeback of the state in urban China after the increased economization of life in the 1980s had initially forced it to withdraw. Based on several months of fieldwork in locations ranging from poor and dilapidated neighbourhoods in Shenyang City to middle class gated communities in Shenzhen, the authors analyze recent attempts by the central government to enhance stability in China’s increasingly volatile cities. In particular, they argue that the central government has begun to restructure urban neighbourhoods, and has encouraged residents to govern themselves by means of democratic procedures. Heberer and Göbel also contend that whilst on the one hand, the central government has managed to bring the Party-state back into urban society, especially by tapping into a range of social groups that depend on it, it has not, however, managed to establish a broad base for participation. In testing this hypothesis, the book examines the rationales, strategies and impacts of this comeback by systematically analyzing how the reorganization of neighbourhood committees was actually conducted and find that opportunities for participation were far more limited than initially promised. The book will be of interest to students and scholars of Chinese Studies, Development Studies, Urban Studies and Asian Studies in general.
Download or read book Popular Politics and the Quest for Justice in Contemporary China written by Susanne Brandtstädter and published by Taylor & Francis. This book was released on 2017-06-14 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines facets of popular politics that are, above all, animated by a quest for justice as law, fairness and public virtue. The aim is to better understand how "the political" emerges in the interstices of state law and local moralities. The contributors to the book focus on the interplay between private and public spaces, between morality and law, and between ‘front stage’ and ‘back stage,’ to explore how the common quest for justice, which takes on state slogans but cannot be absorbed by state institutions, changes Chinese society from the bottom-up by creating self-reflective new publics.
