Divorce in China
eBook - ePub

Divorce in China

Institutional Constraints and Gendered Outcomes

  1. English
  2. ePUB (mobile friendly)
  3. Available on iOS & Android
eBook - ePub

Divorce in China

Institutional Constraints and Gendered Outcomes

About this book

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.

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Yes, you can access Divorce in China by Xin He in PDF and/or ePUB format, as well as other popular books in Law & Civil Law. We have over one million books available in our catalogue for you to explore.

Information

Publisher
NYU Press
Year
2021
Print ISBN
9781479816736
eBook ISBN
9781479805587
Edition
0
Topic
Law
Subtopic
Civil Law
Index
Law

Table of contents

  1. Cover
  2. Half Title
  3. Title Page
  4. Copyright
  5. Contents
  6. Preface: Gender Bias in Chinese Courts
  7. 1. Institutional Constraints
  8. 2. Routinized Approaches
  9. 3. The Pragmatic Judge
  10. 4. Trivializing Domestic Violence
  11. 5. Sacrificing Women’s Rights to Child Custody
  12. 6. Property Division and Male Advantage
  13. 7. Cultural Biases
  14. Epilogue: Gendered Divorces in Chinese Courts
  15. Acknowledgments
  16. Appendix 1: Fieldwork Photographs
  17. Appendix 2: Fieldwork Cases and Adjudication
  18. Notes
  19. Bibliography
  20. Index
  21. About the Author