Weak Criminalization of Domestic Violence in China : Two Key Weaknesses

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Original languageEnglish
Pages (from-to)88-111
Number of pages24
Journal / PublicationJournal of Comparative Law
Volume15
Issue number2
Publication statusPublished - 11 Oct 2020

Abstract

To date, no empirical study has investigated the state and effectiveness of criminalization of domestic violence in China. This article attempts to fill this gap. It argues that two factors contribute to the weak criminalization of domestic violence in China (‘two key weaknesses’). The first is that Chinese law fails to effectively criminalize domestic violence. The second is that Chinese criminal procedure provides very limited deterrence against domestic violence. The first part of this article discusses why black-letter law is ineffective in criminalizing domestic violence. The second part shows empirically (through a quantitative analysis of 232 cases) that Chinese criminal procedure provides very limited deterrence against domestic violence, as evidenced in low prosecution rates. The overwhelming majority of prosecutions and convictions are in respect of physical forms of domestic violence—that is, non-physical forms domestic violence are basically ignored by the criminal justice system, and there is weaker deterrence in less developed regions, and inconsistency in conviction and sentencing. This study reveals a flawed criminal justice system that trivializes domestic violence

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