NCJ Number
61139
Date Published
1979
Length
23 pages
Annotation
THE COST AND PROCEDURES FOR HANDLING SMALL AND MODEST DISPUTES IN AN URBAN SETTING IN THE PEOPLES REPUBLIC OF CHINA ARE DISCUSSED.
Abstract
IN CONTEMPORARY CHINA, MONETARY COST IS NOT AN OBSTACLE TO ACCESS TO THE COURTS. EXCEPT FOR A TOKEN FILING FEE AND POSSIBLE ATTORNEY FEES, THE EXPENSES OF LITIGATION ARE BORNE BY THE STATE. WHILE ATTORNEYS HAVE RARELY BEEN USED SINCE 1958, A SCHEDULE OF ATTORNEY FEES SHOWS MODEST CHARGES FOR ATTORNEY ASSISTANCE IN FORMAL LEGAL PROCESSING. GOVERNMENT-SPONSORED DISPUTE RESOLUTION IS OFTEN HANDLED BY SEMIOFFICIAL COMMUNITY-BASED GROUPS, PARTICULARLY IN MINOR CRIMINAL AND CIVIL MATTERS; OVER A MILLION LAY MEDIATORS FUNCTION AT THE NEIGHBORHOOD LEVEL, AND TWO GOVERNMENTAL ORGANS OPERATE IN AN URBAN NEIGHBORHOOD. THE 'STREET OFFICE' OVERSEES NEIGHBORHOOD AFFAIRS AND FUNCTIONS AS THE LINK BETWEEN THE LOCAL RESIDENTS AND THE UPPER LAYERS OF THE URBAN BUREAUCRACY. IN THE PRIVATE FORUM, AN EXTENSIVE INFRASTRUCTURE OF COMMUNITY-BASED MASS ORGANIZATIONS MANAGE COMMUNITY AFFAIRS. NEIGHBORS WILL OBSERVE DISPUTES IN THEIR EARLY STAGES AND INTERVENE TO OFFER HELP AND PROVIDE GUIDELINES FOR SETTLEMENT. SHOULD SUCH INFORMAL HELP NOT BE SUFFICIENT, STREET OFFICE OFFICIALS OR THE POLICE MIGHT BE ASKED TO JOIN IN MEDIATING DISCUSSIONS. ONLY IN THE MOST RESISTANT CASES DOES THE FORMAL LEGAL SYSTEM BECOME INVOLVED. THE DOMINANCE OF INFORMAL PROCEDURES AND THE INVOLVEMENT OF LAY PERSONS IN THE HANDLING OF MOST SMALL AND MODEST DISPUTES THUS PROVIDES FOR ACCESSIBLE AND INEXPENSIVE MEANS OF DEALING WITH SOCIAL AND ECONOMIC CONFLICT IN CHINA. FOOTNOTES ARE PROVIDED. (RCB)