| Autor: |
Lubman, Stanley, Rosett, Arthur, Cheng, Lucie, Woo, Margaret Y. K. |
| Předmět: |
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| Zdroj: |
East Asian Law; 2002, p205-232, 28p |
| Abstrakt: |
This chapter summarizes the state of China's courts after twenty years of reform efforts and speculates on the prospects for further necessary reforms of the judicial system. It emphasizes some forces that influence law reform and legal institutions in China today and suggests, now that China has acceded to the World Trade Organization it will have difficulty in meeting the standards that membership in that body will impose on its legal institutions. The courts, formerly scorned as rightist institutions at the end of the 1950's and as bourgeois during the Cultural Revolution, have been rebuilt in a four-level hierarchy and are increasingly being used as the for a in which rights created by legislation are asserted by citizens against each other and, to some extent, against state agencies. The increasing activity of the courts reflects the slowly increasing willingness among many Chinese, especially in the coastal cities, to bring their disputes to court rather than to resort to extra-judicial mediation which has traditionally been the preferred means for settling most civil disputes. The relationship of mediation to adjudication is changing slowly. A system of local committees created for the express purpose of mediating civil, family and some property disputes has been active in China since 1949. |
| Databáze: |
Supplemental Index |
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