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Dispute Resolution In China After Deng Xiaoping: "Mao And Mediation" Revisited, Stanley B. Lubman
Dispute Resolution In China After Deng Xiaoping: "Mao And Mediation" Revisited, Stanley B. Lubman
Hong Yen Chang Center for Chinese Legal Studies
This Article presents portions of a book tentatively entitled "Bird in a Cage: Legal Reform in China After Mao." The book explores the Western vantage point from which I have viewed institutions for dispute resolution, the imprint on them of the traditional and more recent Maoist past, the disorderly context of rapid economic and social change in which they must operate today, and the larger law reforms of which they are part. Against that background it examines the operation of extrajudicial mediation and the courts. The scope of this Article is more limited.
I have not speculated here about appropriate …
Mao And Mediation: Politics And Dispute Resolution In Communist China, Stanley B. Lubman
Mao And Mediation: Politics And Dispute Resolution In Communist China, Stanley B. Lubman
Hong Yen Chang Center for Chinese Legal Studies
We lack much essential knowledge, not only about Chinese Communist legal institutions, but about Chinese society generally – how it is organized, how power is distributed and wielded, and the nature of even the most ordinary relationships. Such ignorance is dangerous, especially when China and the United States, and their perceptions of each other, remain tragically far apart. An analysis of China's institutions for resolving disputes can teach much about its dominant values and authority relationships.
This Article examines the resolution of disputes between individuals in China, relying on documentary sources and on interviews conducted by the author in Mandarin …