scholarly journals The role of [clinical] legal education in legal reform in the People’s Republic of China: chicken, egg – or fox?

2014 ◽  
Vol 4 ◽  
pp. 65
Author(s):  
Jay Pottenger
Keyword(s):  
Legal History ◽  
Legal Education ◽  
Historical Context ◽  
Legal Reform ◽  
Current Situation ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Straight Line

<p>China has a long and sophisticated “legal” history. This makes commenting upon it a daunting and humbling task, particularly for someone like me, who comes from a nation with only a fairly short and (relatively) straight-line story by comparison. Nonetheless, I shall begin by attempting both to describe the current situation in the People’s Republic of China and to place it in some historical context.</p>

The Uyghur Terrorism: Phenomenon and Genesis

2017 ◽  
Vol 21 (4) ◽  
pp. 415-430
Author(s):  
Maria A. Soloshcheva
Keyword(s):  
Current Situation ◽  
People’S Republic Of China ◽  
Al Qaeda ◽  
Political Movements ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Uyghur Population ◽  
Violent Acts

The aim of this paper is 1) to analyse the historical and political roots of the current situation in Xinjiang; 2) to identify the boundaries that separate the legal opposition from what is usually called non-system opposition; and 3) to study a set of preconditions that have affected the emergence of the phenomenon of the Uyghur terrorism. In a broader sense, the engagement of the Uyghur population in separatist activities under the slogan of the most radical Islamic religious-political movements (Jabhat an-Nusra (alias Jabhat Fateh al-Sham), ISIL, Al Qaeda, the Taliban, etc.) is addressed. Generally, the author tries to answer the following questions: What are the motives and methods of Uyghur terrorists? What dynamics of their violent acts may we consider in the People’s Republic of China and abroad? What legal and terrorist organisations have Chinese Uyghurs as members? And what distinguishes legal and the so called non-system Uyghur opposition?

FEATURES OF MEDIATION IN CHINA

2017 ◽  
Author(s):  
Anastasiia Saulevych ◽  
Keyword(s):  
Legal Status ◽  
Confucian Ethics ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Labor Disputes ◽  
Republic Of China ◽  
Trade Promotion ◽  
Constituent Elements ◽  
The Given

The article examines the institute of mediation in the People's Republic of China. The reasons for the widespread mediation procedure in China are outlined. The influence of Confucian ethics and Taoist practice on the mediation procedure in China is analyzed, its constituent elements are determined. The organizational and legal bases of functioning of mediation in the given country are investigated, the legal status of mediators in labor disputes, national conciliation commissions, national mediators is outlined. The main normative legal acts of the People's Republic of China regulating the mediation procedure are analyzed. Types of mediation in China are identified: mediation in labor disputes, public mediation, judicial mediation, administrative mediation, legal mediation, commercial mediation. The peculiarities of the mediation procedure, the defining principles of mediation, the rights and obligations of the parties, the role of the mediator in the dispute resolution procedure are described. The types of judicial mediation and the main ways of interaction of courts with mediation organizations are indicated. The main mediation organizations in China (Mediation Center of the China Council for International Trade Promotion, Hong Kong Mediation and Mediation Center) are considered. The peculiarities of concluding and executing agreements based on the results of mediation, the possibility of approving the agreement by the people's court are studied. The role of the Singapore Convention in the development of the institution of mediation in China is determined. The main online mediation platforms are analyzed, the current number of mediation organizations and mediators in China is determined. Prospective directions of improving the institution of mediation in China are proposed, in particular, reorientation of emphasis during the mediation procedure on the rights and interests of the parties, professionalization of mediation, facilitation of cooperation between courts and mediation organizations, improvement of mediation legislation, further active introduction of modern technologies.

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