This article tests Galanter’s party capability theory in China’s grassroots courts through empirically examining 858 sampled judgments of rural land dispute lawsuits between married-out women (the “have-nots” or the less resourceful party) and village collectives (the “haves” or the...

Pure economic loss has been a frontier tort law issue both in Europe and the United States. There are two rules to follow: one would exclude pure economic loss from recovery; the other would allow it. It totally depends on the jurisdiction one is in. However, the mystery is that one cannot...

Based on extensive interviews with judges and a survey on in-court mediation covering 24 courts in China, this paper seeks to answer a question that interests many legal scholars: Is it practically feasible for the mediation of civil disputes in China to take the shape of genuine alternative...

This article discusses the link between out-of-court mediation and civil proceedings within the context of a centralized mediation policy that seeks to preserve social stability in present-day China. Such a policy, which pushed for the settlement of disputes out-of-court, raises concern that...