Confucian and Revolutionary Impact on Gender in Chinese Courts

• In Event: Revolutionary Dynamics: Shaping Political Development in Modern China

Abstract

The present study sets out to investigate the gender effects observed in Chinese courts by examining the revolutionary disruption and subsequent restoration of Confucian gender norms. While previous scholars have identified gender effects in both criminal and civil cases in China, the factors contributing to these effects and their underlying logic remain unclear. By analyzing a dataset comprising 41,252 criminal cases decided between 2014 and 2020, this study reveals the existence of gender effects specifically in cases related to gender issues. Female defendants receive significantly shorter sentences than male defendants in certain cases. Additionally, in regions with a strong Confucian influence, the gender effect appears to be more pronounced in certain cases. However, the impact of gender norms on sentencing is neutralized in areas associated with China’s revolutionary past. Gender norms no longer impact gender effects in revolutionary base areas. The study contributes to the literature on law and courts by providing further evidence of gender effects in China, adding nuances to the social context of judging, and providing empirical evidence of social norms and norm changes.

Authors

• Xiaohong Yu

• Zhaoyang Sun, Tsinghua University