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