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Looking For Law In China, Stanley B. Lubman
Looking For Law In China, Stanley B. Lubman
Hong Yen Chang Center for Chinese Legal Studies
I have been looking for law in China for over forty years. When I started in 1963, only a handful of other Westerners had also embarked on what then seemed an exotic academic excursion. Since then, after U.S.-China relations were reestablished in 1972, many other Americans have had reason to join in the search. Now, the growing potency of China's economic strength and international reach has made efforts to understand China more important than ever, and law has become a necessary medium for use in such efforts.
This article offers insights into critical institutions and practices that mark the legal …
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 …