From Mediatory to Adjudicatory Justice: The Limits of Civil Justice Reform in China

From Mediatory to Adjudicatory Justice, in (Woo and Gallagher, editors) Chinese Justice: Civil Dispute Revolution in China (Cambridge University Press, 2011)

72 Pages Posted: 26 Nov 2008 Last revised: 24 Oct 2012

See all articles by Fu Hualing

Fu Hualing

The University of Hong Kong - Faculty of Law

Richard Cullen

The University of Hong Kong - Faculty of Law

Date Written: November 25, 2008

Abstract

Through examining the rise, demise and a partial resurgence of court-mediation over the past five decades, this paper studies the development of civil justice system in China. The paper explains the striking shift from mediatory towards adjudicatory justice and a series of judicial reforms carried out by the former President of the Supreme People's Court Xiao Yang. The paper also critically reviews factors leading to the recent partial reversal of civil justice reform.

Keywords: China, civil justice, court, dispute resolution, judges, judicial reform, litigation, mediation, petition

JEL Classification: K00, K40, K41, N45

Suggested Citation

Hualing, Fu and Cullen, Richard, From Mediatory to Adjudicatory Justice: The Limits of Civil Justice Reform in China (November 25, 2008). From Mediatory to Adjudicatory Justice, in (Woo and Gallagher, editors) Chinese Justice: Civil Dispute Revolution in China (Cambridge University Press, 2011), Available at SSRN: https://ssrn.com/abstract=1306800 or http://dx.doi.org/10.2139/ssrn.1306800

Fu Hualing (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

HOME PAGE: http://hub.hku.hk/rp/rp01245

Richard Cullen

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

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