2014•Unpublished venueRequires access

4 Mediation and the Rule of Law: The Chinese Landscape

Hualing Fu

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Abstract

An authoritarian legal system does not have a strong legal system and its leaders intentionally maintain a weak court to avoid legal accountability. When facing a crisis, authoritarian states promote mediation or other informal means to preempt disputes. In doing so, the state politicizes disputes and distorts the process of dispute resolution. Within this political context, mediation marginalizes already vulnerable legal rules.

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An authoritarian legal system does not have a strong legal system and its leaders intentionally maintain a weak court to avoid legal accountability. When facing a crisis, authoritarian states promote mediation or other informal means to preempt disputes. In doing so, the state politicizes disputes and distorts the process of dispute resolution. Within this political context, mediation marginalizes already vulnerable legal rules.

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Available abstract

An authoritarian legal system does not have a strong legal system and its leaders intentionally maintain a weak court to avoid legal accountability. When facing a crisis, authoritarian states promote mediation or other informal means to preempt disputes. In doing so, the state politicizes disputes and distorts the process of dispute resolution. Within this political context, mediation marginalizes already vulnerable legal rules.

Key concepts: Mediation, Rule of law, Law, Political science, Politics

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