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Chinese Justice

Chinese Justice Civil Dispute Resolution in Contemporary China

  • Author:
  • Publisher: Cambridge University Press
  • ISBN: 9781107610620
  • Published In: February 2013
  • Format: Paperback , 432 pages
  • Jurisdiction: China ? Disclaimer:
    Countri(es) stated herein are used as reference only
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    This volume analyzes whether China's thirty years of legal reform have taken root in Chinese society by examining how ordinary citizens are using the legal system in contemporary China. It is an interdisciplinary look at law in action and at legal institutions from the bottom up, that is, beginning with those at the ground level that are using and working in the legal system. It explores the emergent Chinese conception of justice - one that seeks to balance Chinese tradition, socialist legacies and the needs of the global market. Given the political dimension of dispute resolution in creating, settling and changing social norms, this volume contributes to a greater understanding of political and social change in China today and of the process of legal reform generally.

    • Interdisciplinary, bringing together law scholars and social scientists working on Chinese legal reforms

    • Each chapter is a rich empirical case of some aspect of legal reform

    • Focuses on law-in-action, examining how law is used from the bottom up and how China's legal institutions structure this interaction

  • Tables and Figures
    vii
    Contributors
    xi
    Acknowledgments
    xiii
    Abbreviations
    xv
    Glossary
    xvii
    Introduction
    Margaret Y. K. Woo and Mary E. Gallagher
    1
    Part I:   Legal Development and Institutional Tensions
     
    1         From Mediatory to Adjudicatory Justice: The Limits of Civil Justice Reform in China
    Fu Hualing and Richard Cullen
    25
    2         Judicial Disciplinary Systems for Incorrectly Decided Cases: The Imperial Chinese Heritage Lives On
    Carl Minzner
    58
    3         Legalizing the Local State: Administrative “Legality” at China's Grassroots
    Douglas B. Grob
    91
    4         Economic Development and the Development of the Legal Profession in China
    Randall Peerenboom
    114
    Part II:  Pu fa and the Dissemination of Law in the Chinese Context
     
    5         The Impact of Nationalist and Maoist Legacies on Popular Trust in Legal Institutions
    Pierre F. Landry
    139
    6         Public Attitudes toward Official Justice in Beijing and Rural China
    Ethan Michelson and Benjamin L. Read
    169
    7         Users and Non-Users: Legal Experience and Its Effect on Legal Consciousness
    Mary E. Gallagher and Yuhua Wang
    204
    8         With or without the Law: The Changing Meaning of Ordinary Legal Work in China, 1979–2003
    Sida Liu
    234
    Part III: Law from the Bottom Up
     
    9         A Populist Threat to China's Courts?
    Benjamin L. Liebman
    269
    10        Dispute Resolution and China's Grassroots Legal Services
    Fu Yulin
    314
    11        The Constitution in the Courtroom: Constitutional Development and Civil Litigation in China
    Thomas E. Kellogg
    340
    Conclusion: Chinese Justice from the Bottom Up
    Margaret Y. K. Woo
    380
    Index
    403
  • Margaret Y. K. Woo
    Northeastern University, Boston

    Mary E. Gallagher
    University of Michigan, Ann Arbor

  • 'Complementing the burgeoning scholarship on Chinese law and legal institutions, Woo and Gallagher's book takes on the formidable task of presenting an interdisciplinary inquiry into how contemporary Chinese law and legal institutions work to resolve civil disputes. The result is a well-crafted volume … Woo and Gallagher's book succeeds in its objective by capturing an unprecedented snapshot of Chinese law on the ground, taking the reader inside legal institutions as they work to resolve civil disputes.' Cambridge Law Journal

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