Chinese Law Prof Blog

Editor: Donald C. Clarke
George Washington University Law School

Sunday, January 14, 2007

Xiao Yang calls for "harmonious litigation"

It had to happen: Hu Jintao's tifa of harmony (和谐hexie) has now reached into the realm of law. Although officials have on various occasions in the past noted the contribution courts should make to a harmonious society in general, Supreme People's Court president raised for the first time a few days ago the notion that litigation itself should be harmonious: "Civil litigation should be harmonious and conducive to the timely resolution of disputes. It should not be a mutual butting of heads that goes on forever." Nobody could disagree with this, of course, but I'm not sure from reading the report what concrete legal or policy changes, if any, he is calling for.

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I disagree with this. Litigation should be advocacy. Litigation should be war. I agree it should not go on forever and I agree that one should always be mindful of settlement, but harmony should not be a goal.

Posted by: China Law Blog | Jan 15, 2007 6:34:20 PM

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