Periodic Reporting for period 1 - RRSPCGBP (The Rationale and Ramification of Sentencing and Punishment in China through a Gender Based Perspective)
Reporting period: 2021-06-01 to 2023-05-31
The proposed research project plans to explore the rationale and ramification of sentencing and punishment in contemporary China through investigating cases concerning gender and sexual identity. Specifically, this investigation will focus on cases of sexual violence, sexual assault of minors/girls, and domestic violence, as well as the abuse of the criminal law in incriminating acts promoting the rights of sexual minorities.
In the research investigating the nature and function of the Chinese criminal justice system, little attention is placed on gender and sexual identity-related cases. A feminist jurisprudence approach is still missing in examining the criminal justice system in China which highlights especially civic rights vis-à-vis state power as well as is indicative of power imbalance in politics and society. This project is novel in filling this gap by examining the relationship between gender- and sexual identity- based cases and sentencing and punishment in the Chinese criminal justice system, which entails the crucial nexus between authoritarianism and patriarchy. This research necessarily requires an interdisciplinary approach. Since sentencing and punishment concern the broader and fundamental issues including the rule of law, protection of basic human rights and political structures and systems, literature in multiple disciplines, including feminist jurisprudence, criminology, human rights, as well as legal and political philosophy will be examined to explore the rationale and ramification of the criminal justice system in China.
The proposed research project aims to:
1) Explore if there is a pattern of biases and inequalities in sentencing and punishment against women/girls or sexual minorities in the Chinese criminal justice system. This exploration will also attend to the problem of intersectionality, i.e. the victim’s overlapping identities and experiences (of gender, sexual identify, race and socioeconomic status) in affecting sentencing and punishment.
2) Analyse the implications and ramifications of the pattern of biases and inequalities on the status quo of social justice under China’s authoritarian rule, and more broadly, on the relationship between the criminal justice system and political regime, as well as between patriarchy and authoritarianism.
3) Examine Chinese civil society activism in criminal cases concerning gender and sexual identity.
4) Explore the relationship and interplay between civil society activism and the protection of gender equality and the rights of sexual minorities in China.
5) Generate knowledge indispensable for efforts to bring about changes in the Chinese criminal justice system and civil society activism.
In the research investigating the nature and function of the Chinese criminal justice system, little attention is placed on gender and sexual identity-related cases. A feminist jurisprudence approach is still missing in examining the criminal justice system in China which highlights especially civic rights vis-à-vis state power as well as is indicative of power imbalance in politics and society. This project is novel in filling this gap by examining the relationship between gender- and sexual identity- based cases and sentencing and punishment in the Chinese criminal justice system, which entails the crucial nexus between authoritarianism and patriarchy. This research necessarily requires an interdisciplinary approach. Since sentencing and punishment concern the broader and fundamental issues including the rule of law, protection of basic human rights and political structures and systems, literature in multiple disciplines, including feminist jurisprudence, criminology, human rights, as well as legal and political philosophy will be examined to explore the rationale and ramification of the criminal justice system in China.
The proposed research project aims to:
1) Explore if there is a pattern of biases and inequalities in sentencing and punishment against women/girls or sexual minorities in the Chinese criminal justice system. This exploration will also attend to the problem of intersectionality, i.e. the victim’s overlapping identities and experiences (of gender, sexual identify, race and socioeconomic status) in affecting sentencing and punishment.
2) Analyse the implications and ramifications of the pattern of biases and inequalities on the status quo of social justice under China’s authoritarian rule, and more broadly, on the relationship between the criminal justice system and political regime, as well as between patriarchy and authoritarianism.
3) Examine Chinese civil society activism in criminal cases concerning gender and sexual identity.
4) Explore the relationship and interplay between civil society activism and the protection of gender equality and the rights of sexual minorities in China.
5) Generate knowledge indispensable for efforts to bring about changes in the Chinese criminal justice system and civil society activism.
The Fellow’s draft article, titled 'Measuring Criminal Justice in China from a Gender Perspective,' was submitted to the supervisor in mid-October 2022, and detailed feedback was promptly provided on 21st October 2022. Following the Faculty Research Seminar, where the Fellow received a wide range of comments from the audience, a subsequent discussion took place to explore how to select and effectively integrate this valuable feedback into her work. The Fellow was involved in this discussion.
In November 2022, the Fellow submitted her draft paper, 'The Rifts and Purges within The Feminist Community in China: How, Why, and Its Implications,' to her supervisor. Professor Eva Pils, a specialist in Human Rights in China and the Fellow’s former PhD supervisor, initiated a comprehensive feedback session on MS Teams, which was held on 23 November 2022. During this discussion, Professor Pils, Dr. Emily Barrow, whose research interests intersect with gender, international law, and law and society in Hong Kong, along with the supervisor, provided detailed comments on the paper from the perspectives of human rights, gender studies, and the rule of law. The discussion generated specific feedback on how to revise the paper, including the need to contextualize it within the current human rights landscape in China.
The Fellow submitted a revised version of her paper to a joint special issue hosted by the Asian Journal of Women's Studies and the International Feminist Journal of Politics. However, on 31 January 2023, the paper was desk-rejected by both journals. In response to this rejection, the Fellow’s supervisor reached out to several colleagues who specialize in feminist movements and gender studies to seek alternative target journals and offer revision feedback.
One of the colleagues contacted was Dr. Shui Wei, who had previously served as a reviewer for the Asian Journal of Women's Studies. Dr. Shui Wei agreed to review the Fellow’s paper and provided feedback for the revision process. Unfortunately, a disagreement arose during the email exchanges that followed the discussion, resulting in a breakdown of the supervisory relationship.
A Faculty Research Seminar was organised by SLGM on 26 October 2022, in Brunei Gallery B205, where the Fellow presented her draft paper titled 'Measuring Criminal Justice in China from a Gender Perspective.' This seminar marked the inaugural event of the academic year 2022/23 and drew a good attendance. During the seminar, the Fellow had the opportunity to present her initial findings based on empirical analysis of published judgments on sentencing in China. Her supervisor, acting as a discussant, provided feedback on her paper, addressing topics such as the criminalisation of sexual offenses in China, sentencing disparities, and the socio-political context of criminal justice. The audience also contributed a wide range of comments and observations, touching on issues related to consent in sexual offenses, feminist literature, and gender discrimination in China.
In November 2022, the Fellow submitted her draft paper, 'The Rifts and Purges within The Feminist Community in China: How, Why, and Its Implications,' to her supervisor. Professor Eva Pils, a specialist in Human Rights in China and the Fellow’s former PhD supervisor, initiated a comprehensive feedback session on MS Teams, which was held on 23 November 2022. During this discussion, Professor Pils, Dr. Emily Barrow, whose research interests intersect with gender, international law, and law and society in Hong Kong, along with the supervisor, provided detailed comments on the paper from the perspectives of human rights, gender studies, and the rule of law. The discussion generated specific feedback on how to revise the paper, including the need to contextualize it within the current human rights landscape in China.
The Fellow submitted a revised version of her paper to a joint special issue hosted by the Asian Journal of Women's Studies and the International Feminist Journal of Politics. However, on 31 January 2023, the paper was desk-rejected by both journals. In response to this rejection, the Fellow’s supervisor reached out to several colleagues who specialize in feminist movements and gender studies to seek alternative target journals and offer revision feedback.
One of the colleagues contacted was Dr. Shui Wei, who had previously served as a reviewer for the Asian Journal of Women's Studies. Dr. Shui Wei agreed to review the Fellow’s paper and provided feedback for the revision process. Unfortunately, a disagreement arose during the email exchanges that followed the discussion, resulting in a breakdown of the supervisory relationship.
A Faculty Research Seminar was organised by SLGM on 26 October 2022, in Brunei Gallery B205, where the Fellow presented her draft paper titled 'Measuring Criminal Justice in China from a Gender Perspective.' This seminar marked the inaugural event of the academic year 2022/23 and drew a good attendance. During the seminar, the Fellow had the opportunity to present her initial findings based on empirical analysis of published judgments on sentencing in China. Her supervisor, acting as a discussant, provided feedback on her paper, addressing topics such as the criminalisation of sexual offenses in China, sentencing disparities, and the socio-political context of criminal justice. The audience also contributed a wide range of comments and observations, touching on issues related to consent in sexual offenses, feminist literature, and gender discrimination in China.
No progress has been made apart from the two draft articles that were produced by the Fellow. The Fellow submitted a revised version of her paper "The Rifts and Purges within The Feminist Community in China: How, Why and Its Implications" to a joint special issue hosted by the Asian Journal of Women's Studies and the International Feminist Journal of Politics. However, on 31 January 2023, the paper was desk-rejected by both journals. In response to this rejection, the Fellow’s supervisor reached out to several colleagues who specialize in feminist movements and gender studies to seek alternative target journals and offer revision feedback.
One of the colleagues contacted was Dr. Shui Wei, who had previously served as a reviewer for the Asian Journal of Women's Studies. Dr. Shui Wei agreed to review the Fellow’s paper and provided feedback for the revision process. Unfortunately, a disagreement arose during the email exchanges that followed the discussion, resulting in a breakdown of the supervisory relationship.
One of the colleagues contacted was Dr. Shui Wei, who had previously served as a reviewer for the Asian Journal of Women's Studies. Dr. Shui Wei agreed to review the Fellow’s paper and provided feedback for the revision process. Unfortunately, a disagreement arose during the email exchanges that followed the discussion, resulting in a breakdown of the supervisory relationship.