Delivering a much-needed in-depth, interdisciplinary exploration of mediation practices in China, this study removes the common misconception that mediation is merely a mechanical application of norms. It provides a comprehensive understanding of China's mediation practices by blending cultural, social, and legal analyses with detailed case descriptions from fieldwork. Readers will gain insights into the interactive dynamics between legal norms and the social environment in grassroots China. This book helps readers understand mediation and Chinese law within their broader cultural, social, and political contexts, offering insights beyond the purely legal dimension. The book is an invaluable resource for scholars, students, and practitioners in the fields of Chinese law, dispute resolution, and socio-legal studies. It offers a unique perspective that contextualizes mediation within the socio-political landscape, providing readers with a richer, more nuanced understanding of Chinese legal culture.
Rezensionen / Stimmen
'Based on his many years of research on Alternative Dispute Resolution and his own interdisciplinary academic background, Professor Xiong studies Chinese mediation from multiple angles and dimensions such as culture and history, theory and practice, as well as qualitative and quantitative aspects, striving to present the full picture of Chinese mediation to the readers.' Yun Zhao, Henry Cheng Professor in International Law, The University of Hong Kong 'Professor Xiong is a gifted scholar, careful researcher, and creative interpreter of modern non-adjudicative resolution methods in China. Hao combines a historical, theoretical understanding of law with detailed observations of modern dispute resolution techniques and practice. His keen eye and pen are important additions to the dispute resolution field.' Allen Snyder, Professor of Law (ret.), University of San Diego 'The Mediation System of China from an Interdisciplinary Perspective offers a comprehensive analysis of Chinese mediation, combining examination of legal, cultural, social, and political contexts. The book explores the historical development, practical applications, and theoretical significance of the mediation system, supported by case studies and empirical research. It compares Chinese practices in the mainland PRC with Western ADR, emphasizing the distinctive characteristics and the fusion of judicial policies with mediation in China. The interdisciplinary approach used by Professor Xiong is among the strengths of the study that make it a valuable resource for understanding Chinese dispute resolution and its global implications.' Michael Palmer, Emeritus Professor of Law, SOAS, London; Senior Research Fellow at the Institute of Advanced Legal Studies
Sprache
Verlagsort
Illustrationen
Worked examples or Exercises
Maße
Höhe: 235 mm
Breite: 157 mm
Dicke: 21 mm
Gewicht
ISBN-13
978-1-009-58121-9 (9781009581219)
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Schweitzer Klassifikation
Hao Xiong is Associate Professor and Assistant Dean at Fudan University Law School and a Fulbright Scholar at Harvard University.
Autor*in
Fudan University, Shanghai
Part I. Introduction: 1. Why an interdisciplinary perspective? Why Chinese law? And How to study?; Part II. Foundation: 2. Context: culture, society and politics; 3. History: development of the Chinese modern dispute resolution system; Part III. Legal Framework of Mediation in China: 4. Style, category and legal framework of mediation; Part IV. Chinese Mediation in Action: 5. The ADR movement in China; 6. Case study one-the feasibility of mediation in the grassroots society of China; 7. Case study two-two sides of mediation in the grassroots society of China; Appendix: Glossary of Chinese terms; References; Index.
