Divorce Law Practices and the Origins, Myths, and Realities of Judicial “Mediation” in China

  title={Divorce Law Practices and the Origins, Myths, and Realities of Judicial “Mediation” in China},
  author={Philip C. C. Huang},
  journal={Modern China},
  pages={151 - 203}
Using archival records of 216 court cases, this article argues that divorce law practices lie at the core of the tradition of “Maoist justice” that remains profoundly influential in the present-day Chinese civil justice system. These practices were born of a distinctive set of historical circumstances: the need to steer a middle course between an early radical promise of divorce on demand and the reality of peasant opposition, and the merging of peasant practices with Communist Party methods… 

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