Mediation And Alternative Dispute Resolution In Modern China
DOWNLOAD
Download Mediation And Alternative Dispute Resolution In Modern China PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Mediation And Alternative Dispute Resolution In Modern China book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Mediation And Alternative Dispute Resolution In Modern China
DOWNLOAD
Author : Yun Zhao
language : en
Publisher: Springer Nature
Release Date : 2022-04-21
Mediation And Alternative Dispute Resolution In Modern China written by Yun Zhao and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-21 with Law categories.
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.
Dispute Resolution In The People S Republic Of China
DOWNLOAD
Author : Zhiqiong June Wang
language : en
Publisher: BRILL
Release Date : 2019-12-02
Dispute Resolution In The People S Republic Of China written by Zhiqiong June Wang and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-02 with Law categories.
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.
Mediation In Contemporary Chinese Civil Justice
DOWNLOAD
Author : Peter C. H. Chan
language : en
Publisher: Chinese and Comparative Law
Release Date : 2017
Mediation In Contemporary Chinese Civil Justice written by Peter C. H. Chan and has been published by Chinese and Comparative Law this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
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.
Mediation And Law In China I
DOWNLOAD
Author : Liao Yong’an
language : en
Publisher: Taylor & Francis
Release Date : 2023-07-13
Mediation And Law In China I written by Liao Yong’an and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-13 with Law categories.
As the first volume of a two-volume set on mediation in China, this book examines the legal foundations of Chinese mediation and feasible paths to the institutionalization and professionalization of mediation. Grounded in traditional dispute resolution practices throughout Chinese history, mediation is born out of the Chinese legal tradition and considered to be “Eastern” in nature. The first volume discusses the legal principles that underpin mediation in China, rooted in a legal tradition that pursues the rule of law and morality as well as the concept of harmony in Chinese society. It first revisits traditional notions and models of Chinese mediation and then puts forward approaches to innovating the concept, institutionalization, and mechanism of mediation. The book also discusses how to promote professionalization and special legislation dedicated to mediation in China, thus establishing a mediation system that fits into and is properly tailored for Chinese society. It introduces diverse styles of mediation and social governance in different cultural contexts and demonstrates the effectiveness of China's experience in dealing with a litigious society. This title will serve as a crucial reference for scholars, students and related professionals interested in alternative dispute resolution, civil litigation, and especially China’s dispute resolution policy, law, and practice.
Disputes Resolution In Urban Communities In Contemporary China
DOWNLOAD
Author : Jieren Hu
language : en
Publisher: Springer Nature
Release Date : 2020-11-06
Disputes Resolution In Urban Communities In Contemporary China written by Jieren Hu and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-06 with Social Science categories.
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.”
Dispute Resolution In China
DOWNLOAD
Author : Weixia Gu
language : en
Publisher: Routledge
Release Date : 2021-02-22
Dispute Resolution In China written by Weixia Gu and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-22 with Law categories.
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.
Mediation And Law In China
DOWNLOAD
Author : Yongan Liao
language : en
Publisher:
Release Date : 2023
Mediation And Law In China written by Yongan Liao and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Conciliation (Civil procedure) categories.
"This two-volume set investigates the concept, institutionalization, models and mechanism of mediation, an important form of alternative dispute resolution within China's legal system. Grounded in traditional dispute resolution practices throughout Chinese history, mediation is born out of the Chinese legal tradition and considered to be 'Eastern' in nature. Seeking to explore how mediation has developed in order to function in a modernized society, the first volume looks into the legal foundations of Chinese mediation as well as paths to the institutionalization and professionalization of mediation. The second volume examines the development of diversified dispute resolution via the elucidation of eight major types of mediation in China. By reviewing its history and enquiring into trends and prospects, the authors seek to establish a mediation system that incorporates diversified models, institutionalized and noninstitutionalized approaches, changing contexts, and a range of dimensions for society. This title will serve as a crucial reference for scholars, students and related professionals interested in alternative dispute resolution, civil litigation, and especially China's dispute resolution policy, law, and practice"--
Mediation And Law In China Ii
DOWNLOAD
Author : Liao Yong’an
language : en
Publisher: Taylor & Francis
Release Date : 2023-07-13
Mediation And Law In China Ii written by Liao Yong’an and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-13 with Law categories.
As the second volume of a two-volume set on mediation in China, this book examines the development of a diversified dispute resolution regime and other major types of mediation in China. Grounded in traditional dispute resolution practices throughout Chinese history, mediation is born out of the Chinese legal tradition and considered to be “Eastern” in nature. This second volume focuses on eight types of mediation prevalent in China in terms of its formation, development, challenges and achievements: people's mediation, court mediation, administrative mediation, industry mediation, commercial mediation, lawyer mediation, online mediation, and a combination of arbitration and mediation. In analyzing these diversified forms of mediation, the authors explain the necessity of integrating emerging forms of mediation with historical ties and traditional practice and thereby reshape a mediation system that incorporates diversified approaches, changing contexts and various dimensions including history and reality, theory and practice, state and society. This title will serve as a crucial reference for scholars, students and related professionals interested in alternative dispute resolution, civil litigation, and especially China’s dispute resolution policy, law, and practice.
Commercial Dispute Resolution In China
DOWNLOAD
Author : Beijing Arbitration Commission
language : en
Publisher: Wolterskluwer HK
Release Date : 2022-11-14
Commercial Dispute Resolution In China written by Beijing Arbitration Commission and has been published by Wolterskluwer HK this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-14 with Law categories.
In 2021, the COVID-19 pandemic continued to affect economic development. In addition, due to the changing global situation, international competition was increasingly fierce. Under the circumstances of major changes and a pandemic unseen in a century, commercial dispute resolution in China is confronting new challenges, facing new changes and ushering in new developments. In the field of commercial arbitration, the promulgation of the Arbitration Law (Revision) (Draft for Comment) brought about many reforms to China’s current arbitration system, aroused widespread attention and discussion in the industry, and boosted arbitration research and the arbitration legal system to new levels. Arbitration institutions, including the Beijing Arbitration Commission/Beijing International Arbitration Center (hereinafter referred to as the “BAC/BIAC”), have duly issued new rules according to the needs of case handling and pandemic prevention and control in order to guide new arbitration practices, and the highlights of China’s judicial supervision and opening-up of arbitration are eye-catching. In the field of commercial mediation, the Supreme People’s Court has continuously promoted the development of a “one-stop” diversified dispute resolution system to support international commercial mediation organizations in providing mediation services in free trade zones; the Shenzhen Intermediate People’s Court has innovatively introduced third-party mediation organizations to participate in bankruptcy reconciliation; and practices in coordination between arbitration and mediation have been constantly enriched. Commercial mediation is playing an increasingly important role in alternative dispute resolution in China. In key professional fields, while actively responding to the impacts of the pandemic and focusing upon the resumption of work and production, legal construction and dispute resolution have also been developing.
Mediation In Contemporary China
DOWNLOAD
Author : Hualing Fu
language : en
Publisher: Law in East Asia Series
Release Date : 2017
Mediation In Contemporary China written by Hualing Fu and has been published by Law in East Asia Series this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Dispute resolution (Law) categories.
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.