Mass Claims Mediation in China

The Journal of Comparative Law, Vol. 10, No. 2, p. 142-157, 2016

16 Pages Posted: 2 Oct 2017

See all articles by Shahla F. Ali

Shahla F. Ali

The University of Hong Kong - Faculty of Law

Date Written: 2016

Abstract

Though China has experienced multiple and severe disasters since ancient times, its approaches to addressing mass claims issues through mediation by courts and grassroots entities is undergoing a process of reform and change. The selection of recent disasters, whether natural or human-induced, include the Severe Acute Respiratory Syndrome epidemic (‘the SARS Incident’), the earthquake that struck Wenchuan County, Sichuan Province in China in 2008 (‘the Wenchuan Earthquake’) and the Sanlu contaminated milk powder incident (‘the Sanlu Milk Contamination Incident’). The mass claims arising out of these disasters illustrate the continued preference for settling wide-scale claims outside of court. This settlement tendency alongside continued attention to strengthening the rule of law in China, naturally gives rise to questions regarding how such processes might simultaneously advance due process, transparency and avenues for appeal. Through examining China’s mediated response to disaster events experienced in recent years, this essay aims to provide a brief overview of China’s recent approaches to post-disaster governance, an evaluation of the country’s achievements to date, an analysis of challenges ahead and some suggestions for improving the existing approaches and mechanisms drawing on existing lessons learned.

Suggested Citation

Ali, Shahla F., Mass Claims Mediation in China (2016). The Journal of Comparative Law, Vol. 10, No. 2, p. 142-157, 2016, Available at SSRN: https://ssrn.com/abstract=3044992 or http://dx.doi.org/10.2139/ssrn.3044992

Shahla F. Ali (Contact Author)

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

Chung Yu Tung Tower (Law), Centennial Campus
Pokfulam Road
Hong Kong
(852) 3917 2931 (Phone)
(852) 2559-3543 (Fax)

HOME PAGE: http://www.law.hku.hk/academic_staff/professor-shahla-ali/

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