AN INTRODUCTION TO CHINESE PEOPLE'S MEDIATION

• Date: 01 June 1990
• Author: Du Chun,Chen Junsheng
• DOI: http://doi.org/10.1111/j.174-1617.1990.tb01236.x
• Published date: 01 June 1990

AN INTRODUCTION TO CHINESE PEOPLE’S MEDIATION

Du

Chun

and

Chen Junsheng*

FOREWORD

by

John

Kydd

This is the first article on Chinese mediation

I

am aware of

written by amainland Chinese.

Du

Chun and Chen Junsheng are

nationally known in Chinese mediation.

This article is notable both for what it says, and what it

doesn’t say. The description of Chinese mediation is cautious,

comprehensive, but not critical or “analytical” by our standards.

It is analytical by Chinese standards. There

are

many distinc-

tions that are

as

subtle as they are important. For example.

The “Mediation System” in China is the equivalent of

our

“justice system” here.

China,

with

five

times the

U.S.

population, has only 5% of the lawyers the

U.S.

has.

“Persuasion” in the Chinese context might

be

experi-

enced as “coercion” in the western context.

The “open”nature Chinese mediation is experienced by

many as a breath of fresh

air

compared to the Byzantine

indeterminacy of some legal proceedings. However,

Westerners in this process might complain of a “lack of

confidentiality” and “invasion of privacy.”

This article is noteworthy for its openness by Chinese

standards. It speaks quite clearly of the standards and processes

of mediation, and by Chinese standards, makes some strong

points about abuses within and shortcomings of the system.

From western standards the points made are indistinct, indirect

and, perhaps, insubstantial. However, such indirection is neces-

sary

in a culture that thrives on “saving face.”

A

severe loss of

face in China is, for some, the practical equivalent of personal

bankruptcy or criminal conviction in the west.

Lastly, we must sadly consider that this is an article written

by two of our colleagues who are attempting to survive an

increasingly totalitarian “socialist democracy.”

To

write such

an article is to

be

identified

as

an intellectual. Now and during

the cultural revolution, Chinese intellectuals are open to sanc-

tion for democratic tendencies and failing to observe the will of

the masses. Some of the friends we made during our AFCC visit

to China have been demoted or transferred.

However, as family workers, we know that judgment and

condemnation guarantees loss of face and prevents family

change. Our challenge is to remain open to our Chinese col-

leagues and their government. Only through such mutual under-

standing can we begin to appreciate the remarkable Chinese

mediation system which provides more justice to more families

at less cost than any other on earth.

*

Du

Chun and

Chen

Junsheng

are

active

in

Chinese mainland

mediation.

John

Kydd

is

an attorney from Seattle, who edited this

article and helped produce it for publication.

87

INTRODUCTION

Throughout China, several million local mediators con-

stantly pay attention to conflicts among the people. They

patiently listen, investigate and promptly try to help each party

find a reasonable way to settle the problem and reestablish a

cooperative and friendly relationship. China is a nation of many

rivers and streams.

If

kept within their banks, these waterways

bring life and sustenance. If they flood, they bring disaster. Each

family and each community in China is like a stream which must

be

kept healthy if the rivers are to remain strong. The Chinese

Civil Mediation system functions to help families, neighbors

and

communities

stay

within

the

banks

of

cooperative

and

friendly relationships.

The Chinese people’s mediation system follows the laws,

policies, moral principles and customs of our many cultures.

The mediation system is operated by a mass based organization

called “The People’s Mediation Committee” (PMC).

There are now 980,000 local People’s Mediation Commit-

tees with about 6,200,000 mediators. Approximately 730,000

of the PMC’s are

in

the rural

areas,

77,000 in urban, and 166,000

in large factories and enterprises. Each

local

PMC

is

part of a

national network that has taken root in cities and countryside

as

a progressive force for our nation’s social justice.

According to the Ministry of Justice, between 1979 and

1987, the national PMC network mediated seven to eight

million conflicts each year. In 1987, the PMCs mediated

6,966,053 cases, of which

90.2%

were peacefully settled.

103,070 cases involved the danger of loss of life. The PMC’s

mediation activities also functioned to help settle local conflicts,

to prevent violation of local law, to reduce judicial case loads,

and has generally come to function as a unique force which

cannot

be

replaced by any legal

or

governmental system.

THE LEGAL BASIS OF THE PMC SYSTEM

The PMC system is mass based (established constitution-

ally, not legislatively). It should not

be

confused with judicial or

governmental intervention or general folk

or

family based

interference.

PMC

mediators are selected by local residents to

address local conflicts. The committees are under the guid-

ance-but not the control-f local government and courts.

PMC activities display three important characteristics.

(1)

It is a folk action;

an

action of the people, not of the

judiciary or the government. PMCs are organizations

of

the community, for the community and by the commu-

nity. Success depends

on

a large number of qualified

people actively participating.

FAMILY AND CONCILIATION COURTS REVIEWNOLUME

28,

NUMBER l/JUNE

1990