Franklin

Divorce in China : Institutional Constraints and Gendered Outcomes / Xin He.

Author/Creator:
He, Xin, author., Author,
Publication:
New York, NY : New York University Press, [2021]
Format/Description:
Book
1 online resource : 15 b/w illustrations
Contained In:
De Gruyter University Press Library.
Status/Location:
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Details

Subjects:
Divorce -- Law and legislation -- China.
Divorce -- China.
Language:
In English.
System Details:
Mode of access: Internet via World Wide Web.
text file PDF
Summary:
Why are women still at a disadvantage in Chinese divorce courts?Despite the increase of gender consciousness in Chinese society and a trove of legislation to protect women, why are Chinese women still disadvantaged in divorce courts? Xin He argues that institutional constraints to which judges are subject, a factor largely ignored by existing literature, play a crucial role. Twisting the divorce law practices are the bureaucratic incentives of courts and their political concerns for social stability. Because of these concerns, judges often choose the most efficient, and safest, way to handle issues in divorce cases. In so doing, they allow the forces of inequality in social, economic, cultural, and political areas to infiltrate their decisions. Divorce requests are delayed; domestic violence is trivialized; and women's child custody is sacrificed. The institutional failure to enforce the laws has become a major obstacle to gender justice.Divorce in China is the only study of Chinese divorce cases based on fieldwork and interviews conducted inside Chinese courtrooms over the course of a decade. With an unusual vantage point, Xin He offers a rare and unfiltered view of the operation of Chinese courts in the authoritarian regime. Through a socio-legal perspective highlighting the richness, sophistication, and cutting-edge nature of the research, Divorce in China is as much an account of Chinese courts in action as a social ethnography of China in the midst of momentous social change.
Contents:
Frontmatter
Contents
Preface: Gender Bias in Chinese Courts
1. Institutional Constraints
2. Routinized Approaches
3. The Pragmatic Judge
4. Trivializing Domestic Violence
5. Sacrificing Women's Rights to Child Custody
6. Property Division and Male Advantage
7. Cultural Biases
Epilogue: Gendered Divorces in Chinese Courts
Acknowledgments
Appendix 1: Fieldwork Photographs
Appendix 2: Fieldwork Cases and Adjudication
Notes
Bibliography
Index
About the Author
Notes:
Description based on online resource; title from PDF title page (publisher's Web site, viewed 21. Apr 2021)
Contributor:
De Gruyter.
ISBN:
9781479805549
OCLC:
1243310890
Publisher Number:
10.18574/9781479805549 doi
Access Restriction:
Restricted for use by site license.