From alternative dispute resolution to pluralist dispute resolution: towards an integrated dispute-resolution mechanism in China

被引:3
|
作者
Wang, Zhiqiong June [1 ]
Chen, Jianfu [2 ]
机构
[1] Western Sydney Univ, Law, Sch Law, Penrith, NSW 1797, Australia
[2] La Trobe Univ, Sch Law, Law, Melbourne, Vic, Australia
关键词
pluralist dispute resolution; ADR; China; social control; arbitration; mediation; MEDIATION; LAW;
D O I
10.1017/S1744552320000129
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
Since 1978, we have observed the steady development of institutions, mechanisms and processes of dispute resolution in China. In the last ten years or so, we then noted frequent issuance of new rules and measures as well as revision of existing laws, the promotion of mediation as the preferred method for resolving disputes and, more recently, the promotion of an integrated dispute-resolution system as a national strategy for comprehensive social control (as well as for resolving disputes), in the name of reforming and strengthening 'the Mechanism for Pluralist Dispute Resolution'. Careful examination of these latest developments suggests that fundamental changes are taking place that may potentially alter the course of the development of the Chinese dispute-resolution system. These developments are the focus of this paper with an aim to ascertain the nature of the developments and their future direction or directions.
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页码:165 / 180
页数:16
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