10 February 2023
By Hanna Jez
CIBEL member Associate Professor Kun Fan has authored a journal article for the Journal of International Dispute Settlement (Oxford University Press), which explores ‘Beyond law and politics: an empirical study of judicial mediation in China.’
Through a series of interviews with Chinese judges, this article depicts an empirical narrative on how judicial mediation is practiced in China and analyses the values and limitations of judicial mediation. Associate Professor Kun Fan addresses a few key questions, including:
- Beyond law and politics, how will other factors influence individual judicial behaviour in China?
- How do the gains of efficiency and substantive justice compare with the potential losses of procedural protections?
- Do judges see their role as to resolve the disputes between the parties by the most appropriate means, or is it only an attempt to render and enforce an authoritative binding decision?
The article empirically illustrates the multiplicity of influences on judicial behaviour in China, and the perception of the role of judges in China. Conceptually, the article aspires to contribute to the field of comparative judicial behaviour. It attempts to expand our inquiry beyond the focus on the role of politics and law when analysing judicial behaviour.
The article is available here.
The Journal of International Dispute Settlement (JIDS) is an influential publication targeted towards academics, practitioners, students, in-house lawyers, and government personnel. The journal highlights issues of enduring importance and significant trends in the field of international dispute settlement.
You can read more about Associate Professor Kun Fan’s research on SSRN, Google Scholar and Twitter @Fankunlegal.