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Chapter 2 establishes the foundational context of dispute resolution in China by delving into the cultural, social and political factors that shape Chinese mediation practices. The chapter highlights the significant influence of Confucianism on the Chinese mindset, emphasising harmonious, integrative and compromising approaches to conflict resolution. It discusses how Chinese people’s dispute resolution strategies are deeply rooted in social relationships (guanxi) and local governance structures, particularly in rural areas. The chapter also examines the balance between emotion and rationality in Chinese culture and its impact on mediation preferences. Additionally, it addresses the interaction between state law and local customs, illustrating the unique dynamics within China’s diverse and transitional society. The chapter concludes by emphasising the importance of empirical research and interdisciplinary methods to understand the complexities of Chinese mediation fully.
Chapter 5 delves into the ADR movement both globally and in China. Through an interdisciplinary methodology and fieldwork, it details how the policy of ‘persisting and developing the Fengqiao Experience’ is transmitted from the central government to the grassroots level. The chapter provides an in-depth analysis of how grassroots communities and judicial organisations in China implement central policies, innovate based on practical conditions and adapt pragmatically. It highlights the local characteristics of dispute resolution and the challenges faced by macro-level policies in addressing significant regional socioeconomic disparities in China.
Chapter 7 explores the dual facets of mediation in the grassroots society of China, particularly within the context of a developed city. Through fieldwork in the T District Court in southwest China, this chapter illustrates how mediators leverage their skills and local wisdom to navigate complex cases while interacting with government officials. The chapter provides an in-depth analysis of the judicial ecology in grassroots society, highlighting the role of social connections (guanxi) and the everyday interactions between judges and local authorities. It further discusses two detailed case studies, emphasising both the advantages and drawbacks of mediation. These insights contribute to understanding the nuanced application of mediation in a modern urban context, reflecting on its effectiveness, challenges and the interplay between formal legal structures and local customs.
Chapter 1 lays the groundwork for the book by emphasising the importance of an interdisciplinary perspective in studying Chinese law. It highlights the value of integrating cultural, social and legal dimensions, particularly within the Chinese context, to gain unique insights and practical applications in understanding mediation. The chapter explains why Chinese law is a valuable study area, presenting personal motivations and broader practical and theoretical values. It also explores methodologies for studying Chinese mediation, examining the development of alternative dispute resolution paradigms, including interest-based, person-based and Chinese holistic approaches. It emphasises the importance of thinking like a local lawyer and recommends empirical research methods to capture the complexity and nuances of Chinese mediation practices, setting the stage for a comprehensive analysis.
This article examines the evolving category of yellow music in the People’s Republic of China from the Maoist era to the early reform period, with a focus on the reception and regulation of Teresa Teng’s music. It argues that yellow music was not a static or CCP-invented concept, but one that expanded and contracted in response to shifting political climates and ideological campaigns. Drawing on archival documents, official newspapers, and autobiographical accounts, this article explores how the label “yellow” was applied to a wide range of musical styles and examines how this shaped public musical consumption. Instead of framing yellow music listening as an explicit form of resistance, this article highlights how such practices reflected unmet emotional and esthetic needs. The entry and eventual state appropriation of Teng’s music illustrate both the cultural consequences of the Cold War and the CCP’s adaptable approach to cultural governance. Teng’s widespread popularity helped revive suppressed traditions of individual emotion and love in music, and her gradual rehabilitation reveals a negotiated space between official ideology and popular demand. Ultimately, this article sheds light on the dynamic interplay between state control, listener agency, and global influence in socialist and post-socialist China.
Ku Hung-Ming 辜鴻銘 (pinyin: Gu Hongming, 1857–1928) was the first Chinese translator who translated Confucian classics into English, breaking the long-time monopoly of translation of Confucian classics by Western missionaries. He also translated Western poems into Chinese and elaborated on his thought on translation in his writings. However, Ku is peripheralized in contemporary Chinese historiography of translation. This article investigates this striking phenomenon, arguing that Ku’s peripheralization is due to Chinese translation historiographers’ subscription to the dual meta-narratives of individual enlightenment and national salvation, their colonial mentality, and the impact of the century-long trivialization of Ku in China. This article throws into relief the intricate relationship between translation historiography and its socio-political context, calling for attention to this under researched area of translation studies. It also sheds important light on contemporary Chinese intellectual landscape, calling for a decolonized understanding of Chinese culture.
Rural schools in China have long been in a state of underdevelopment. Studies have mainly addressed this issue from the perspective of rural–urban structural inequality, while neglecting the cultural processes that lead to inequality reproduction. Through the lens of cultural production, this study analyses qualitative data gathered in Gongshui county in central China, revealing how rural teachers and parents construct a negative perception of rural schools, evoked by devalued meanings associated with schools’ physical appearance, teaching staff characteristics and academic performance. Influenced by the discourse on rural inferiority, teachers and parents have cultivated a collective identity of becoming “less” rural and adopt strategies to disassociate themselves from rural education and community. Their cultural production of “bad” rural schools perpetuates and reinforces the underdevelopment of rural schools. This study draws attention to the cultural misconceptions surrounding rurality and the cultural processes by which educational inequalities are produced and reproduced in rural areas, both in China and globally.
This paper provides a historiographical periodization of China’s Long 1980s (1978–1992) by conceptualizing its political and intellectual contexts and illustrating the reformism–conservatism dichotomy across key events throughout this period. The identification of China’s Long 1980s not only illuminates China’s policy trajectories and ideological landscape back then and ever since but also enriches the global scholarship of modernity, Marxism and 20th-century communist experiences.
The Political Offense Exception (POE) became a key component of the revolutionary strategies of the 1890s, further complicating the implementation of extradition agreements between the Qing government and foreign powers. Chapter 5 reexamines the well-known episode of Sun Yat-sen’s “kidnapping” in London in the context of the Sino-Japanese War of 1894–1895 and the Qing’s ongoing struggle with unequal terms of extradition. It argues that Sun’s self-representation as a liberal political offender was constructed through his trial by media in London, specifically to align with the prevailing standard of the POE. This became a strategy followed by southern insurrectionists during the last decade of the Qing Empire.