Dispute Resolution Process in China
Asian Law Series
No.15
PDF (460KB)
Title
page,
Content,
etc.
Preface
Summary
Part
I:
Overview
of
the
Dispute
Resolution
Mechanisms
A.
How
the
Court
System
is
Used
as
Dispute
Resolution
Mechanism
1.
Overview
of
the
Court
System
and
the
Current
Situation
Regarding
the
use
of
Courts
(1)
The
current
situation
of
judicial
system
(2)
Strategies
against
judicial
corruption
(3)
The
far-reaching
impact
of
open
trials
and
live
court
broadcasts
on
judicial
reforms
a.
Opening
court
trials
to
the
public
b.
Live
Coverage
of
Court
Proceedings
by
Media
(4)
Reforms
with
the
lay
assessor
system
(5)
Reforms
with
the
township
courts
(6)
Improving
efficiency,
especially
speeding
up
litigation
resolutions
(7)
Measures
against
unsatisfactory
enforcement
of
judgements
2.
Parties
viewpoint
of
the
Court
System
and
the
Current
Situation
Regarding
the
Use
of
Court
(1)
The
constitutional
status
of
people’s
courts
(2)
The
Relationship
Between
People’s
Courts
and
other
State
Organs
a.
The
relationship
with
legislative
organs
b.
The
relationship
with
administrative
organs
c.
The
relationship
with
people’s
procurators
d.
The
relationship
with
police
organs
e.
The
relationship
with
organs
of
Communist
Party
(3)
General
Judicial
Procedures
of
People’s
Court
a.
Civil
procedure
b.
Criminal
procedure
c.
Administrative
procedure
d.
Special
maritime
procedure
3.
Problems
of
the
Court
System
(1)
Independence
(2)
The
administrative
nature
of
court
management
(3)
Financial
support
(4)
Local
protection
(5)
Quality
of
judges
4.
Direction
of
Judicial
Reforms
(1)
China
needs
a
powerful
judicial
power
(2)
China
Needs
a
Just
and
Efficient
Judicial
Power
(3)
China
needs
a
Judicial
Power
Respected
and
Trusted
by
the
Public
B.
Alternative
Dispute
Resolution
(ADR):
How
out-
of-Court
Systems
are
used
as
Dispute
Resolution
Mechanism
1.
Overview
of
the
ADR:
Types
and
functions
(1)
Negotiation
(2)
Mediation
(3)
Arbitration
(4)
Current
situation
regarding
the
use
of
ADR
a.
Use
of
negotiation
b.
Use
of
mediation
c.
Use
of
arbitration
2.
Parties’
viewpoint
with
regard
to
ADR
3.
Problems
of
the
ADR
4.
Values
in
ADR
Part
II:
Study
on
Dispute
Resolution
Process
in
Specific
Cases
A.
Dispute
Resolution
Process
in
of
Consumer
Protection
1.
To
consult
and
conciliate
with
business
operators
2.
To
make
a
request
to
consumer
associations
for
mediation
3.
To
appeal
to
relevant
administrative
departments
4.
To
apply
to
arbitrate
organs
for
arbitration
5.
To
institute
legal
proceedings
in
the
people’s
court
B.
Dispute
Resolution
Process
in
Labor
Disputes
1.
Mediation
on
labor
disputes
2.
Arbitration
on
labor
dispute
3.
Bringing
a
lawsuit
4.
Settlement
of
disputes
on
collective
contract
C.
Dispute
Resolution
Process
in
Environment
Problems
1.
Settlement
through
consultation
between
both
parties
2.
Mediation
3.
Arbitration
4.
Bringing
a
lawsuit
Reference