China's ever-expanding commercial influence has attracted global
attention on how its civil and commercial disputes are resolved.
This compelling new book, Dispute Resolution in China, offers a
detailed examination of the elements in the Chinese legal system
and the relevant reforms to the multiplicity of approaches to civil
and commercial disputes in China today. This book reveals how civil
litigation, commercial arbitration, mediation, and their hybrid
dispute resolution have distinctly responded to, reformed, and
developed in the context of China's transformational economic
growth, societal development, and international interaction in the
last two decades. It situates these developments and continued
experimentation within a unique hybrid of empirical, contextual,
and comparative analytical framework, while paving productive
pathways towards the future. This book argues that, rather than
being a legal project, China's civil and commercial dispute
resolution system is essentially a social development project,
which distinguishes the Chinese approach to civil justice reform
from contemporary civil justice movements elsewhere. Among the
primary methods of dispute resolution, commercial arbitration in
China today uniquely transcending the traditional socio-political
constraints, its reform has developed in favor of market-oriented
considerations and shaped by China's socio-economic dynamics and
internationalization needs. By contrast, civil litigation and
mediation being more instrumentalist in nature, their reform is
socio-politically embedded and continues to prioritize social
stability. This book also shines a fresh light on comparative
assessments of top-down and bottom-up changes in China's dispute
resolution discourse, as well as on how China speaks to
international dispute resolution systems. Original and rich in its
analysis, this book will be essential reading and invaluable
reference tool for scholars with a focus on Chinese law,
comparative and international dispute resolution, and on broader
legal, institutional, economic, social, political and cultural
dimensions of dispute resolution development.
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