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local legal ecology

Asian Journal of Law and Society (1)

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Two Sides of Court Mediation in Today’s Southwest Grassroots China: an Empirical Study in T Court, Yunnan Province
XIONG Hao
Journal:

Asian Journal of Law and Society / Volume 1 / Issue 2 / November 2014

Published online by Cambridge University Press:

07 July 2014, pp. 367-394
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Court mediation is now playing a crucial role in the Chinese legal system. Based on two case studies in Yunnan Province, this paper examines how court mediation works in Southwest China. It finds that court mediation can expand the capacity of the court concerning case acceptance, and is capable of fixing multicentre disputes and complicated social problems. However, the paper also points out that when encountering some ill-suited cases, justice may be undermined and the judge’s role may be confused. Therefore, it is necessary to pass some law to exclude the ill-suited cases from the mediation track when promoting court mediation in Southwest China.