Dispute Resolution by Officials in Traditional Chinese Legal Culture
AbstractThis article examines the unique approach to dispute resolution by officials in traditional Chinese culture. The Confucian emphasis was on maintaining harmony in society rather than applying legal principles or notions of justice between the parties. The process included determining the 'truth' of what happened between the disputants but the how the facts were determined was not important. The author gives examples to show how the likelihood of corruption by local officials encouraged people to consider alternatives to the formal processes and ironically encouraged the culture of compromise and yielding. He concludes by observing that the Confucian influence continues in contemporary China and is reflected in the Civil Procedure Law: establishing the truth; distinguishing right from wrong; educating citizens to voluntarily abide by the law (prevention of disputes); and maintaining the social and economic order (harmony). The author adds that further historical analysis may help improve dispute resolution practices. |