Problem-Solving Courts in China: Background,Development, and Current Status

ABSTRACT

As a judicial system, the Chinese problem-solving courts are more deeply rooted in traditional judicial approaches than in therapeutic jurisprudence that fueled the movement in the West. Nevertheless, they share many similarities with problem-solving courts developed elsewhere in the world. To provide a better understanding of the courts, the authors first introduce the cultural and legal tradition that served as background for the judicial innovations. They then review the social and economic conditions that provided the impetus for the judicial reform. Next, they examine the two most common forms of the problem-solving court—the juvenile court and the family court—and identify their key functions and procedures. Last, the authors discuss the significance of the legal reform, the challenges it confronts, and improvement it can achieve.