1. International Sale of Goods: Combination of Arbitration and Mediation in China
- Author
-
Song Lianbin
- Subjects
Lawsuit ,Action (philosophy) ,business.industry ,Chinese traditional ,Mediation ,Arbitration ,Business ,International trade ,China ,Ideal (ethics) ,Rule of law ,Law and economics - Abstract
Mediation is one of the most precious estates of Chinese traditional culture. In some authors’ opinions, the “non-action” (wu song), “non-litigation” (fei song), and “humble lawsuit” (jian song) ideas of Confucianism are similar to the ADR idea. There are not much things involving laws and actions in Confucianism (for example, 听讼,吾犹人也,必也使无讼乎); the interpretations of those sentences are also different. In my opinion, the “non-action” theory is too ideal; the existence of a society in which there is no dispute is not possible. Confucianism only encourages people to “review themselves three times a day” to avoid conflict but not to try to solve the problems by lawsuit; it suppresses judicial action, and it can only be considered as a halfway ADR. Some authors consider that the “non-action” theory has obstructed the development of the rule of law.
- Published
- 2017