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Chinese Legal History (Qing and Modern) and Contemporary Chinese Law form the View Point of Conciliation (or Conciliatory Dispute Resolution)

Title : Chinese Legal History (Qing and Modern) and Contemporary Chinese Law form the View Point of Conciliation (or Conciliatory Dispute Resolution)
Lecturer: Prof. TAKAMIZAWA Osamu (IASA)
Coordinator: Prof. YASUTOMI Ayumu (IASA)
Commentator: Prof. KONOMA Masamichi (School of Law Department of Law, MEIJI University)
Date : 06/October/2011
Time and place : 2pm - 4pm at the Meeting Room 3 in IASA
Summary:

This report surveys the history of conciliatory system and conciliation in Qing ,the Republican China and People's Republic of China.

1,Dispute settlement in "civil " cases of local magistrates was conciliatory . However ,they did not have the sentence system which did not need agreements of the parties They needed the agreement of the parties to finish the lawsuit. Just in this meaning , it was conciliatory or conciliation. They did not have any concept of conciliation that differed from sentence , arbitration and compromise. Also they did not have the concept of "civil ".We need to add some conditions to discuss about the "conciliation" in Qing.

2, In the process of transplantation of Western legal system in the last decade of Qing and first stage of the Republican China, they began to have the concept of "civil "and "criminal ",sentence and appeal .In KMT's era ,basic laws were legislated .Their legal system included conciliation by courts ,compromise in lawsuit process and conciliation by local committee. It was not only for dispute resolution but also for forming the nation state through the concept of autonomy .This tendency has been strengthen in PRC.