Contemporary China's Disputes and Law

Author: [Japan] Takashi Takizawa, He Qinhua, Li Xiuching, Qu Yang
Publisher:
Publish Date: 2003-03-01
Features: This book is a specialized study on disputes and dispute resolution in the People's Republic of China. The authors argue that whether disputes are resolved through litigation or non-litigation means in China, they share a common characteristic of mediation, which is summarized as the "Premier-Heart Submission" model. It depicts the dispute resolution process as a play performed by a third party who explains the (reasons) (the explainer) and parties who listen to the explanation and submit from the heart (the heart submitters). The authors do not confine themselves to traditional views but, with substantial evidence, present a brand-new perspective from three aspects: the operational reality of the court-centered judicial system, the forms of disputes, and the perception of disputes. This provides a practical answer to the question of why China adopts mediation as a way to resolve disputes.