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 of multiple, overlapping, and competing legal and law-like systems is known as ‘legal pluralism’. All over the world, courts, police, and lawyers, a convenient definition of the legal system I adopt for purposes here, represent merely the tip of the proverbial iceberg, an important but relatively small part of the larger justice system: the full landscape of dispute processing.
This policy brief assesses the relative popularity and performance of different means of dispute processing in different parts of the justice system in China. By identifying what does and does not work under what circumstances, my goal is to inform the development of policies for improving access to and the delivery of justice for some of China’s most needy citizens.
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Last updated January 30, 2013.
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Materials may be made available through the Site by third parties who are not under our control. Namati respects the copyright interests of others and, as such, requires our users to comply with all Terms regarding copyrights. It is our policy to terminate user accounts for failure to comply with our copyright policy.
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It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove allegedly infringing material.
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You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) month after such claim or cause of action arose or it will be forever barred.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in full force and effect.
Last Revised: January 30, 2013
We may need to change the Policy from time to time in order to address new issues and to reflect changes on the Site or in the law. We reserve the right to revise or make any changes to the Policy, and your continued use of the Site subsequent to any changes to this Policy will mean that you agree to and accept such changes. Therefore, please bookmark this page and review it periodically to assure familiarity with the most current version of the Policy. We will post all changes to the Policy here so that you will always know what information we gather, how we might use that information, and when and how we will disclose that information. You can tell if the Policy has been updated by checking the last revised date posted on the top of this page. If due to such changes, you decide that you want to delete any portion of your personal information from our database, please notify us at Namati@namati.org.
Namati may collect and retain two types of information about Site visitors: (i) personal information that individual visitors voluntarily provide when interacting on the Site or on certain other occasions (such as via forms or in emails); and (ii) tracking data, which is automatically collected from every Site visitor.
We may, from time to time, store and archive the information you submit to or through the Site. The information that we gather may include your name, title and address, telephone number, email address, credit card number or other elements of personal information. In addition, if you contact us, we may keep a record of your correspondence, including any information contained therein.
You may decline to provide any personal information, but please realize that you thereby may be unable to register on the Site or to participate in activities or services offered on the Site.
In addition to the information you submit to or through the Site, we also may collect and store data from and about you gathered in the course of your use of the Site.
Such tracking data may include, without limitation, information regarding the number and frequency of visits to the Site, the websites that you access before and after you visit the Site, the software and operating system used to access the Site and your IP address and Internet service provider.
The information that you provide to us and that we may collect in the future is used for our business purposes and the purpose for which you provided it only, subject to the terms of this Policy and the Terms, including, without limitation, to respond to your requests or correspondence, to contact you about the Site, to request your input regarding ways in which we might improve the Site and/or to inform you about Namati’s activities, products, services, events and fundraising efforts in which Namati hopes you may be interested.
Your information—particularly tracking data—may also be analyzed so that we can provide you with useful information and can serve you in the best manner possible through enhanced features and functions on the Site. For example, your information may be used to, without limitation, compile statistical, demographic or aggregated information about visitors to the Site generally, or for load balancing metrics, and also may be used to create reports on user demographics and the traffic patterns of the Site.
We will not disclose any personal information to third parties, except (i) to parties who perform a service for us, such as sending you mail or email, web hosting, credit card processing and other similar services; (ii) when we believe that such disclosure is required by law; (iii) to enforce this Policy or the Terms; (iv) to protect the rights, property, security or safety of Namati, Site users or the public; (v) to respond to an emergency or (vi) as otherwise stated in this Policy. In addition, we may disclose information to certain third parties if you have requested or authorized the disclosure of such information.
Personal information you submit via your member account, other than information provided or content posted by you to public areas of the Site as described below, is deleted from Namati’s records following your deletion of your account. However, such information may continue to be retained by third-party service providers to which it has been disclosed for one of the reasons listed above.
Information provided to third parties is limited to the information needed to perform their functions. We seek to limit third-party use of information; however, we are not responsible for such third-party use of information.
You should be aware that any information provided or content posted by you to public areas of the Site, including but not limited to interactions on the Site and information posted to the Member Directory (via your profile), the Tools Database and the forums, may be read, collected or used by other visitors of the Site, who may not need to log in as a member to view the information. Namati is not responsible for the third-party use of any information provided in such manner. By participating in the use of the Site’s interactive features, you consent to Namati’s use or disclosure of any content that you submit. For more information on posting content, please see our Terms.
We retain the right to transfer or assign all information pursuant to a merger, purchase or other transaction relating to Namati or our assets.
We take reasonable precautions to protect your information from loss, misuse or alteration. You should recognize, however, that there is no such thing as “perfect security” on the Internet, and we cannot guarantee the security of your information. In addition, because Internet communications are unsecure, it is also possible that the information you supply to us or your access of any information via the Site will be intercepted during transmission. We are not liable for any breach of our systems or interception of our transmission, and we hereby fully disclaim, to the fullest extent possible under law, any liability associated with any claim relating to a breach of security, data or information.
From time to time, we may email users of the Site information regarding important developments affecting Namati. We may also email users on occasion regarding the Site. Such emails may be sent to users of the Site even if they have not requested to receive any communication from us.
You may choose to unsubscribe from future emails by using the unsubscribe link included in all mass email correspondence from Namati.
If a user elects to use our referral service to inform a friend about the Site, we request the name and email address of the friend. Namati will automatically send the friend a one-time email inviting the friend to visit the Site. Namati stores this information for the sole purpose of sending this one-time email, and, while a third-party mail service provider may retain the information in its database, no additional emails will be sent by Namati without further action by the friend.
Because Namati is concerned about the privacy protection of children who access the Internet, we comply with the Children’s Online Privacy Protection Act (COPPA). Accordingly, the Site is not intended for use by anyone under the age of 13, and we do not knowingly collect information from anyone under 13 years of age without the consent of a parent or guardian.
We reserve the right to disclose any information to comply with any law, regulation, decree, judgment, order, subpoena or any other governmental order (“Order”) without any obligation to contest or verify the accuracy of such Order.
This Policy will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to any use of the Site will be filed only in the state or federal courts located in New York County, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
You can (1) use the Site’s profile editor or (2) send an email to Namati@namati.org to update or correct your information.
Please contact us at Namati@namati.org if you have any questions or concerns regarding the Site or the Policy.
The section titles in this Policy are for convenience only and have no legal or contractual effect.
Some of the Services may be subject to additional terms and conditions regarding privacy and use of information. Your use of those Services is subject to those terms and conditions, which are incorporated into this Policy by reference. In the event of an inconsistency between this Policy and any additional posted conditions, the provisions of the additional conditions shall control.