NCJ Number
92332
Date Published
1983
Length
9 pages
Annotation
In the People's Republic of China (PRC), mediation is a means of propagating the policies and laws of the state, of maintaining a stable order, and of strengthening the unity of the PRC, with the ultimate purpose being to raise the political consciousness of the disputants.
Abstract
The features of mediation work in the PRC must be assessed within the context of the dedication of Maoist ideology to mobilizing the masses in support of the creation of a socialist society. The Maoist 'mass line' instructs party members to maintain constant contact with the workers and peasants, listening to them, experiencing their lifestyle, and working with them. While policies are framed by learning from the masses, the party determines what is correct because of its superior knowledge and experience. Party policy is then taken to the masses through the mediation of disputes rather than through enforced obedience. Ordinary people are directly involved in the mediation work rather than professionals with specialized training and occupational status. Election of the mediators by neighbors possibly legitimates their work in the eyes of the disputants. Although the mediators encourage the resolution of disputes on the basis of state policy, disputants must consent to a particular resolution. Although the communists have fundamentally revised the traditional mediation style by demanding political activism, the willingness of persons to undertake mediation, their preference for it over adjudication, and their acceptance of third-party involvement is reflective of centuries of Chinese history. Seven references are listed.