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Chinese Mediation on the Eve of Modernization

Chinese Mediation on the Eve of Modernization It is better to die of starvation than to become a thief; it is better to be vexed to death than to bring a lawsuit. Chinese proverb ONE of the most striking aspects of the legal system of the People's Republic of China is the unusual importance of mediation in the resolution of disputes. Adjudication and even arbitration are regarded as last resorts in Communist China because those methods, by definition, terminate controversies without consent of the parties. In this article the term "mediation," which for our purposes is synonymous with "conciliation," refers to the range of methods by which third persons seek to resolve a dispute without imposing a binding decision. The Chinese mediator may merely perform the function of an errand boy who maintains contact between parties who refuse to talk to one another. At the other end of the spectrum, he may not only establish communication between parties, but may also define the issues, decide questions of fact, specifically recommend the terms of a reasonable settlement-perhaps even give a tentative or advisory decision-and mobilize such strong political economic, social and moral pressures upon one or both parties as to leave little option but that of http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of Asian and African Studies Brill

Chinese Mediation on the Eve of Modernization

Cohen, Jerome Alan
Journal of Asian and African Studies , Volume 2 (1-2): 54 – Jan 1, 1967
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Publisher
Brill
Copyright
© Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0021-9096
eISSN
1568-5217
DOI
10.1163/156852167X00054
Publisher site
See Article on Publisher Site

Abstract

It is better to die of starvation than to become a thief; it is better to be vexed to death than to bring a lawsuit. Chinese proverb ONE of the most striking aspects of the legal system of the People's Republic of China is the unusual importance of mediation in the resolution of disputes. Adjudication and even arbitration are regarded as last resorts in Communist China because those methods, by definition, terminate controversies without consent of the parties. In this article the term "mediation," which for our purposes is synonymous with "conciliation," refers to the range of methods by which third persons seek to resolve a dispute without imposing a binding decision. The Chinese mediator may merely perform the function of an errand boy who maintains contact between parties who refuse to talk to one another. At the other end of the spectrum, he may not only establish communication between parties, but may also define the issues, decide questions of fact, specifically recommend the terms of a reasonable settlement-perhaps even give a tentative or advisory decision-and mobilize such strong political economic, social and moral pressures upon one or both parties as to leave little option but that of

Journal

Journal of Asian and African Studies – Brill

Published: Jan 1, 1967

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