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Margaret Y. K. Woo, Mary E. Gallagher's Chinese Justice: Civil Dispute Resolution in Contemporary PDF

By Margaret Y. K. Woo, Mary E. Gallagher

ISBN-10: 1107006244

ISBN-13: 9781107006249

This quantity analyzes even if China's thirty years of felony reform have taken root in chinese language society through studying how traditional electorate are utilizing the criminal method in modern China. it's an interdisciplinary examine legislations in motion and at felony associations from the ground up, that's, starting with these on the floor point which are utilizing and dealing within the felony procedure. It explores the emergent chinese language perception of justice - one who seeks to stability chinese language culture, socialist legacies, and the wishes of the worldwide industry. Given the political measurement of dispute answer in developing, settling, and altering social norms, this quantity contributes to a better realizing of political and social switch in China this day and of the method of criminal reform in most cases.

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Additional info for Chinese Justice: Civil Dispute Resolution in Contemporary China

Sample text

Judges acknowledge ignoring laws on the books or reaching strained interpretations to assuage the petitioners. Interestingly, although petitioning places pressures on courts, it may also sometimes relieve the courts by providing them with strategic arguments to resist pressures from powerful state interests. Whereas petitioning the courts may reflect the perseverance of problems that undermine court authority, petitioning also speaks to the range of roles that the courts are expected to perform.

Noting that “rule of law” can be co-opted into serving primarily state goals, she nevertheless argues that the legal system, when structured appropriately, can also be an important source of citizen empowerment and participation. Balancing the conflicting goals of justice and efficiency, while maintaining sociopolitical stability and rapid economic growth, the Chinese government continuously experiments with new legal mechanisms, reform of existing mechanisms, and a return to older mechanisms. Yet how these top-down reforms have fared in China depends largely on how law has been received by ordinary Chinese citizens.

Thus, in counties that introduced courts early in the Mao regime, when courts performed useful social functions, the level of trust in the people’s courts is higher than in localities where courts were introduced later. According to Landry, then, perceptions of trustworthiness will differ by geography and generation depending on the longevity of the courts, not the longevity of the Communist Party, with trust in legal institutions higher in counties that committed to the revolution late. Significantly, if historical memory of those institutions that predate the reform era still has a powerful impact on contemporary levels of trust in legal institutions, then the strength of Chinese attitudes to endure even in the face of radical reforms cannot be underestimated.

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Chinese Justice: Civil Dispute Resolution in Contemporary China by Margaret Y. K. Woo, Mary E. Gallagher

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