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Breaking the Dilemma between Litigation and Non-litigation

“Diversified Mechanisms of Dispute Resolution” in Contemporary China
Jieren Hu and Yang Zheng
p. 47-55

Abstract

Focusing on the dispute resolution mechanisms for defusing various social disturbances and collective incidents during the reform period and particularly in the last decade, this paper argues that the Chinese government has adopted pragmatic and problem-solving approaches to designing and developing various mechanisms of dispute resolution in response to the complicated and challenging situation of steadily increasing and intensifying social contention. There is evidence that neither litigation nor non-litigation means of dispute resolution can effectively resolve social conflicts. In light of this difficulty, various experiments have been put in place at the local level to meet social needs and manage social crises while balancing state power and social self-governance. We call such experiments “diversified mechanisms of dispute resolution (DMDR).” This study sheds light on the shift from an emphasis on the earlier non-litigation approach to a more diversified way of addressing collective disputes in contemporary China.

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References

Bibliographical reference

Jieren Hu and Yang Zheng, « Breaking the Dilemma between Litigation and Non-litigation », China Perspectives, 2016/2 | 2016, 47-55.

Electronic reference

Jieren Hu and Yang Zheng, « Breaking the Dilemma between Litigation and Non-litigation », China Perspectives [Online], 2016/2 | 2016, Online since 01 June 2017, connection on 25 September 2017. URL : http://chinaperspectives.revues.org/6985

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About the authors

Jieren Hu

Jieren Hu (corresponding author) is associate professor in the Law School/Intellectual Property Institute at Tongji University, Shanghai, and research fellow at the Centre for Social Governance Research at Fudan University, Shanghai. RM 2111, 21/F, Zonghe Bldg., Law School/IP Institute, Tongji University, 200092 Shanghai, China (besthujieren@tongji.edu.cn).

Yang Zheng

Yang Zheng is a postgraduate student majoring in political theory at the School of Politics and International Relations, Tongji University, Shanghai. Postgraduate Workroom 2022, 20/F, Tongji A Building, No. 1239 Siping Road, 200092 Shanghai, China (zhengyang_1990@126.com).

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