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Dispute Resolution and Social Governance in Digital China

Dispute Resolution and Social Governance in Digital China
Author: Jieren Hu
Publisher: Taylor & Francis
Total Pages: 114
Release: 2024-08-02
Genre: Political Science
ISBN: 1040107354
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Based on in-depth field research conducted in China between 2019 and 2023, this book raises a concept of “rightful control” and demonstrates a new means of dispute resolution used by the Chinese Communist Party (CCP) through digital technology and its impact on state-society relations. The author argues that when rightful control relies more on means beyond law and policy, it not only fails to construct an image of a responsible state but also leads to the counterproductive result of creating new conflicts that may bring social instability and threaten regime legitimacy. The study explains why digital technology could only perform a limited role in strengthening social control, which adds a new dimension to state-society relations in China from the perspective of digital governance. The book will attract researchers and students studying law, political science, and sociology, and government personnel who focus on digital governance.

Dispute Resolution in the People’s Republic of China

Dispute Resolution in the People’s Republic of China
Author: Zhiqiong June Wang
Publisher: BRILL
Total Pages: 339
Release: 2019-12-02
Genre: Law
ISBN: 900433128X
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This book provides a comprehensive and contextual analysis of the various methods of civil dispute resolution in the PRC. The approach to analysis is historical, comparative and socio-legal.

Disputes Resolution in Urban Communities in Contemporary China

Disputes Resolution in Urban Communities in Contemporary China
Author: Jieren Hu
Publisher: Springer Nature
Total Pages: 278
Release: 2020-11-06
Genre: Social Science
ISBN: 9811586446
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This book explains the causes, process, and results of group disputes in urban communities (the empirical experiences from Shanghai) in China. It explores the means and characteristics of as well as the differences in conflict resolution in various forms of state–society relations, particularly the ways of dealing with and resolving disputes concerning mass incidents involving government interests in China’s current social transformation period. It also analyzes how people’s mediation organizations interact with the local government when managing and defusing collective disputes. Combining the relevant theories and five conflict resolution measurement models created by Blake and Mouton (1964), this book explains the current interaction model and cooperation mechanism between the state and social organizations in China. To do so, it examines the role of the Lin Le People’s Mediation Workroom in dealing with community collective disputes and the respective action strategies and constraints. The book argues that the current state–social relations in China are not centered on society or the state, but on “state-led social pluralism.”

Mediation and Law in China II

Mediation and Law in China II
Author: Liao Yong’an
Publisher: Taylor & Francis
Total Pages: 270
Release: 2023-07-13
Genre: Law
ISBN: 100087057X
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As the second volume of a two-volume set on mediation in China, this book examines the development of a diversified dispute resolution regime and other major types of mediation in China. Grounded in traditional dispute resolution practices throughout Chinese history, mediation is born out of the Chinese legal tradition and considered to be “Eastern” in nature. This second volume focuses on eight types of mediation prevalent in China in terms of its formation, development, challenges and achievements: people's mediation, court mediation, administrative mediation, industry mediation, commercial mediation, lawyer mediation, online mediation, and a combination of arbitration and mediation. In analyzing these diversified forms of mediation, the authors explain the necessity of integrating emerging forms of mediation with historical ties and traditional practice and thereby reshape a mediation system that incorporates diversified approaches, changing contexts and various dimensions including history and reality, theory and practice, state and society. This title will serve as a crucial reference for scholars, students and related professionals interested in alternative dispute resolution, civil litigation, and especially China’s dispute resolution policy, law, and practice.

Commercial Dispute Resolution in China

Commercial Dispute Resolution in China
Author: Beijing Arbitration Commission / Beijing International Arbitration Center
Publisher: Wolterskluwer HK
Total Pages: 745
Release: 2019-08-23
Genre: Law
ISBN:
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Twenty-eighteen marked the 40th anniversary of China’s reform and opening-up policy. Profound changes have been seen internally and externally, prior to 2018, during 2018, and continuing beyond 2018, which echo China’s great quest for reform and engaging with the world and shape the future of the dispute resolution industry in China. “Economic stability”, “economic restructuring and upgrading”, and “Sino-US trade friction” are clues to internal and external changes in 2018. Reviewing changing conditions in dispute resolution across a wide range of industries, the authors of Commercial Dispute Resolution in China: An Annual Review and Preview (2019) [hereinafter referred to as the “An Annual Review and Preview (2019)”] preview challenges that are yet to come. In Annual Review on Real Estate Dispute Resolution in China (2019), for example, the authors present a case study on the Linkage of the First and Second Level Projects and preview potential disputes of Securitization of real estate. In Annual Review on Investment Dispute Resolution in China (2019), the authors describe the arrangement of fixed income and equity repurchase under the backdrop of a slowing economy. In Annual Review on Energy Dispute Resolution in China (2019), the author focuses on policies and cases relating to Chinese transnational M&As, illustrating opportunities and challenges for future “Going Global” transactions in the energy sector. In Annual Review on International Trade Dispute Resolution in China (2019), the authors analyze the challenges posed by the China-US Trade War, and call for better compliance, industrial upgrading, and better understanding of the legal environment and trade protection measures in different jurisdictions in the process of “Going Global.” Decentralization and a continuing opening-up of China’s markets are also key in understanding economic and international changes. In Annual Review on Construction Dispute Resolution in China (2019), the authors introduce two examples, namely the promulgation of the Interpretation II on Issues Concerning the Application of Law for the Trial of Cases of Dispute over Construction Contracts by the Supreme People’s Court, and cancellation of construction contract record-filing by the Ministry of Housing and Urban-Rural Development, which reflect the ongoing transformation of social governance and the reforms of “delegate power, improve regulation and optimize services” (“DIO” reform) in the construction sector. In Annual Review on Financial Dispute Resolution in China (2019), the author describes the opening of the futures market, clearly demonstrating the Chinese government’s determination to open financial and capital markets.

Mediation and Law in China I

Mediation and Law in China I
Author: Liao Yong’an
Publisher: Taylor & Francis
Total Pages: 236
Release: 2023-07-13
Genre: Law
ISBN: 1000869857
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As the first volume of a two-volume set on mediation in China, this book examines the legal foundations of Chinese mediation and feasible paths to the institutionalization and professionalization of mediation. Grounded in traditional dispute resolution practices throughout Chinese history, mediation is born out of the Chinese legal tradition and considered to be “Eastern” in nature. The first volume discusses the legal principles that underpin mediation in China, rooted in a legal tradition that pursues the rule of law and morality as well as the concept of harmony in Chinese society. It first revisits traditional notions and models of Chinese mediation and then puts forward approaches to innovating the concept, institutionalization, and mechanism of mediation. The book also discusses how to promote professionalization and special legislation dedicated to mediation in China, thus establishing a mediation system that fits into and is properly tailored for Chinese society. It introduces diverse styles of mediation and social governance in different cultural contexts and demonstrates the effectiveness of China's experience in dealing with a litigious society. This title will serve as a crucial reference for scholars, students and related professionals interested in alternative dispute resolution, civil litigation, and especially China’s dispute resolution policy, law, and practice.

Dispute Resolution in China

Dispute Resolution in China
Author: Weixia Gu
Publisher: Routledge
Total Pages: 0
Release: 2023
Genre:
ISBN: 9780367698836
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This book focuses on the law and development of major dispute resolution mechanisms in China, examining the design and legal framework of civil litigation, arbitration and mediation, their operations, challenges, and past-decade reforms.

Securities Dispute Resolution in China

Securities Dispute Resolution in China
Author: Sanzhu Zhu
Publisher: Routledge
Total Pages: 297
Release: 2018-02-06
Genre: Law
ISBN: 135114958X
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Securities Dispute Resolution in China is a comprehensive and detailed study of the increasingly important issue of how cases involving securities are dealt with by Chinese courts, commissions and other administrative authorities and by arbitration and mediation in the PRC. The work identifies the nature and types of securities disputes and the various procedures, including alternative dispute resolution, used to address them. This timely, groundbreaking book is particularly relevant at a time of growing foreign investment in China's securities market. The volume will be an invaluable resource for researchers and practitioners in developed as well as emerging markets.

Access to Justice for the Chinese Consumer

Access to Justice for the Chinese Consumer
Author: Ling Zhou
Publisher: Bloomsbury Publishing
Total Pages: 187
Release: 2020-05-14
Genre: Law
ISBN: 1509931074
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This book offers a socio-legal exploration of localised consumer complaint processing and dispute resolution in the People's Republic of China – now the second largest consumer market in the world – and the experiences of both ordinary and 'professional' consumers. Drawing on detailed analysis of an impressive body of empirical data, this book highlights local Chinese understandings and practice styles of 'mediation', and identifies in popular consciousness a continuing sense of reliance on the government for securing consumer rights in China. These are not only important features of consumer dispute processing in themselves, but also help to to explain why no ombudsman system has emerged. This innovative book looks at the nature of China's distinctive dispute resolution and complaints system, issues within that system, and the experiences of consumers within it. The book illustrates the access to justice processes locally available to aggrieved consumers and provides a unique contribution to comparative consumer law studies in Asia and elsewhere.

Proceedings of the 2022 6th International Seminar on Education, Management and Social Sciences (ISEMSS 2022)

Proceedings of the 2022 6th International Seminar on Education, Management and Social Sciences (ISEMSS 2022)
Author: Ghaffar Ali
Publisher: Springer Nature
Total Pages: 3792
Release: 2023-09-16
Genre: Education
ISBN: 2494069319
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This is an open access book. The aim of 2022 6th International Seminar on Education, Management and Social Sciences (ISEMSS 2022) is to bring together innovative academics and industrial experts in the field of Education, Management and Social Sciences to a common forum. The primary goal of the conference is to promote research and developmental activities in Education, Management and Social Sciences and another goal is to promote scientific information interchange between researchers, developers, students, and practitioners working all around the world. The conference will be held every year to make it an ideal platform for people to share views and experiences in Education, Management and Social Sciences and related areas.