The Dilemma and Solution of China’s Judicial Mediation

Fei FAN

Abstract


Ever since the mid 1990s, the trial session at the people’s court has undergone a development from complete reliance on the sentence to a combination of mediation and sentence employed in proper cases and then to a combination of priority given to mediation. Current judicial mediation is beset with both internal and external troubles, confronted with condemnation from the academic field as well as doubts about the court system itself. We should conduct a rational analysis on judicial mediation by considering possible challenges as well as affirming its responsibility. Accordingly, proper adjustment should be done to regulate and perfect the principles, case types and supervision of mediation.


Keywords


Civil suit; Combination of mediation and sentence; Fairness and justice; Improvement

Full Text:

PDF

References


Annual Report of the People’s Court in 2011. (2014). Retrieved from Http://www.court.gov.cn/xwzx/fyxw /zgrmfyxw/201208/t20120813_177377.htm. March 13.

Chang, Y., & Wang, D. C. (2011). Disputes on the theories of new China’s mediation system. Journal of Kunming University of Science and Technology (Social Science Edition), 1.

Chen, G. Z., & Cui, J. (2008). Chinese-characteristic interpretation of judiciary and judicial authorities. China Law Science, 2.

Chen, L. (2010). High rate of revocation in civil mediation and its interpretation. Journal of Law Application, 7.

Gustav, R. (1997). Introduction to law science (p.129). In M. Jian et al. (Trans.). Encyclopedia of China Publishing House.

Li, H. (2012). A phenomenon to be cautioned in current mediation cases. Law Science, 1.

Li, H. (2013). Separation of mediation and judgment in civil trials. China Legal Science, 3.

Luo, D. C., & Ding, G. Y. (2010). Theory and practice of judicial activism in China. Journal of Law Application, 2.

Pan, J. F. (2013). On the relations of civil judiciary and mediation. Peking University Law Journal, 1.

Shu, J. (2010, May 6 ). A strange lawsuit. Chutian Metropolis Daily.

Zhang, J. J. (2012). An empirical research on the mediation rate of civil lawsuits. Chinese Journal of Law, 1.




DOI: http://dx.doi.org/10.3968/6648

DOI (PDF): http://dx.doi.org/10.3968/g7180

Refbacks

  • There are currently no refbacks.


Copyright (c)




Share us to:   


Reminder

  • How to do online submission to another Journal?
  • If you have already registered in Journal A, then how can you submit another article to Journal B? It takes two steps to make it happen:

1. Register yourself in Journal B as an Author

  • Find the journal you want to submit to in CATEGORIES, click on “VIEW JOURNAL”, “Online Submissions”, “GO TO LOGIN” and “Edit My Profile”. Check “Author” on the “Edit Profile” page, then “Save”.

2. Submission

  • Go to “User Home”, and click on “Author” under the name of Journal B. You may start a New Submission by clicking on “CLICK HERE”. 

 Articles published in Frontiers of Legal Research are licensed under Creative Commons Attribution 4.0 (CC-BY).

Frontiers of Legal Research Editorial office  

Address: 1020 Bouvier Street, Suite 400, Quebec City, Quebec, G2K 0K9, Canada.
Telephone: 1-514-558 6138 
E-mail: flr@cscanada.net; flr@cscanada.org; office@cscanada.net

Copyright © Canadian Academy of Oriental and Occidental Culture