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China Community Paralegals: Recognition and Financing Research Brief

Namati,

This research brief is part of a series that reviews the nature of the work undertaken by community paralegals, and the extent to which that work is recognized or funded by government. In China, “personnel” of legal aid institutions or “persons of other social organizations in accordance with the demand” may conduct legal aid. However, regulations do not…

Equal Access to Justice for Persons with Disabilities in China

United Nations Development Programme,

This study explores the extent to which persons with disabilities (PWD) in China can effectively navigate the judicial system. Using Article 13 of the United Nations “Convention on the Rights of Persons with Disabilities” and China’s “Law on the Protection of Persons with Disabilities” and “Legal Aid Regulations” as analytical tools and reference points, the…

Popular Attitudes towards Dispute Processing in Urban and Rural China

Ethan Michelson, Foundation for Law, Justice and Society,

Decades of research in the field of law and society reveals the fallacy of conflating the ‘legal’ and the ‘justice’ systems. Law is but one means, far from the most important means, of resolving disputes and obtaining justice. Moreover, law is far more than official state law, including also unofficial customary law. The simultaneous existence…

The Governance Evolution in Chinese Rural Areas and the Access to Justice — the Enlightenment of Legal Empowerment

Cheng Qian, Xu Yawen,

Abstract: The access to justice in rural China has encountered predicaments in evolution of governance structure. For instance, local legal agencies are incapable of providing legal services; the interference of political power and governance vacuum coexist; the legal elite in rural areas are rare and modern legal systems have often repressed traditional governance norms. From the perspective…

The Legal Empowerment Clinic: A Successful Combination of the Legal Clinic and Legal Empowerment

Xu Yawen, Cheng Qian,

Abstract: With the development of clinical legal education, legal clinics have begun to highlight its value in “social justice,” in addition to its value as a practical legal education model. When it is combined with the concept of legal empowerment, a new type of legal clinic, namely the legal empowerment clinic emerged. This combination is…

The role of lawyers in the social transformation: Lawyers in the Republic of China in the perspective of legal power

Cheng Qian,

Abstract: The lawyers in the Republic of China played important roles in the social transformation and modernization since the end of the Qing dynasty. They were regarded as “non-government legal officers” either by the law, the social cognition or the self-cognition of lawyers in this period. From the perspective of legal power, the conditions for their…

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