Chapter

Mediation in China: Threat to the Rule of Law?

Knut B. Pissler

in Mediation

Published in print November 2012 | ISBN: 9780199653485
Published online January 2013 | e-ISBN: 9780191758270 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199653485.003.0019
Mediation in China: Threat to the Rule of Law?

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Resolution in the form of mediation has a long tradition in China. On the one hand, the importance of mediation can be traced back to the philosophy of Confucianism. On the other hand, extra-judicial mediation gained in acceptance in China because of the socialist approach to involve the populace more directly in the solution of conflicts, thereby having an educative effect on the people. In recent years, top political-legal authorities of the Chinese Communist Party have been promoting mediation as the key to resolving all disputes and linking it to the Chinese Communist Party's new ‘harmonious society’ political doctrine. Regardless of problems in the quality of mediators and the mediation procedure, mediation, and especially mediation by the Peoples’ Mediation Committees, is considered to be a very successful dispute resolution mechanism in China. However, with the new emphasis on mediation and the consequent marginalisation of the Chinese judiciary for the sake of social stability, there is a danger of a retreat from the ‘rule of law’.

Keywords: Confucianism; Peoples' Mediation Committee; mediation; China; Chinese Communist Party; mediators; dispute resolution

Chapter.  18329 words. 

Subjects: Comparative Law

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