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Judicial Mediation in the Chinese Context: A Nonstandard Interpretation(PDF)

《南京师大学报》(社会科学版)[ISSN:1006-6977/CN:61-1281/TN]

Issue:
2015年04期
Page:
52-
Research Field:
法制现代化研究
Publishing date:

Info

Title:
Judicial Mediation in the Chinese Context: A Nonstandard Interpretation
Author(s):
SHAN Feng
Keywords:
judicial mediation judicial justice interests(rights) Chinese context
PACS:
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DOI:
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Abstract:
Although the current practices of judicial mediation are more creative than relevant discursive representations, there is no China-centered judicial methodology or China-centered view on judicial mediation. Such a situation is partly attributable to our inability to judge and describe judicial mediation. The process of analyzing these issues actually reflects that our judicial mediation mainly makes use of related practices to resolve the conflict between justice and legitimacy, rather than solely depend on the application of law to identify rights or interests. The controversy at issue does not focus on what laws we should take to make judgments, but aims to convert the identity of a judge into a mediator to settle disputes within the current law system, in the hope of pursuing social justice and harmony.

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Last Update: 2015-08-01