Access to justice in China: informal paths to justice in the shadow of state-controlled courts

February 19, 2011 at 12:09 am Leave a comment

An interesting on-line article from 2008 outlines the Chinese judicial system and discusses it from access to justice perspective.  Bellow is a summary of the main points:

– “The ingrained flaws of the system have increasingly led Chinese citizens to seek justice through a variety of alternatives, from petitioning and mediation to political pressure using media and international rights organizations”;

– “Each level of court is essentially responsible to political operatives at that level. Local governments appoint judges at the corresponding level of the judicial structure and are responsible for their budgets and salaries. This allows for strong local protectionism, experts say, and in the event of politically sensitive cases, courts often refuse to hear them or leave them unresolved”;

– “[]the number of government lawyers providing legal aid remains inadequate to meet demand. In many rural areas, unlicensed, self-trained individuals are the only available legal advisers”;

– “One of the most common methods used by Chinese citizens is to lodge their grievances with government authorities through a system known as xinfang(“letters and visits”) petitioning”;

– “Given the traditional Chinese preference for mediation, a huge number of civil disputes use this method. For small-scale disputes this is an important mechanism for resolution, say experts”.

Read the article here




Entry filed under: China, Country, Dispute Resolution.

Germany: the German Institution of Arbitration (DIS) establishes new rules on alternative dispute resolution American Bar Association calls for more money for legal services for low-income people

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