Index
All-China Women’s Federation
Amnesty International, 471
An, Chenxi (安晨曦), 86
Baker, Hugh D. R., 391
battered woman syndrome
and Canada’s landmark Canada R. v Lavallee ruling, 353
as a defense in a murder trial mounted by Peking University’s Center for Women’s Law Studies and Legal Services, xiv, 354
as a defense in the murder trial of Guo Qinjuan, 363
neither used nor affirmed by courts, 360
Walker’s (Lenore) theory of, 353
breakdownism (破裂主义). See also faultism; pledge letters
Article 32 (preserved as Article 1079 in the 2020 Civil Code) on breakdown of mutual affection, 42, 46, 50
public notice divorce trials’ satisfaction of, 51
bride prices (彩礼) and dowries (嫁妆)
and defendants’ threats of physical harm, 91
in decisions with gendered content, 129
bureaucratic capacity
the divorce twofer as a function of, 460
Bush, George W., 81
caiding decisions (裁定书)
definition of, 111
inadequacy of their use for the study of withdrawals prior to 2014, 115
judicial confirmations of private mediation agreements and case withdraws designated as, 111
rules prohibiting posting decisions online, 112
rules prohibiting posting decisions online lifted, 112
case management systems, 175
Chen Min (陈敏)
on the denial of divorce petitions, 89
domestic violence publications (including the 2008 Guidelines) written by, 354
expert witness testimony in the homicide trial of Guo Qinjuan, 362
expert witness testimony in the homicide trial of Zhang Dianru, 367
reference to documentation of threats by abusers, 364
child custody. See also children – CHILD-SNATCHING
child support payments (抚养费) by abusive husbands, 58
concessions made by women in public notice trials, 329
child custody – LEGAL STANDARDS FOR DETERMINING
and the best interests of the child principle cited by court rulings, 17, 33, 382, 385, 410, 411, 456
joint legal custody (轮流抚养), 384
multiple children and only-daughters providing the best chance to mothers. See under child custody – QUANTITATIVE ANALYSIS
1993 Opinions on. See 1993 Several Concrete Opinions Concerning Handling Child Custody Matters in Divorce Trials
opinions of children solicited by judges, 407
child custody – QUALITATIVE ANALYSIS
selection of cases for study of child custody decisions, 397
child custody – QUANTITATIVE ANALYSIS
analytical approach described, 415
macroscopic picture of key patterns of judicial decision-making provided by, 412
measure lacking for infant or nursing children as a limitation of, 451
twins split up in child custody determinations, 436
children. See also sex ratios and birth; son preference
harming by abusive men to exact revenge on their wives, 389
judges’ disregard of risks to, 411
the privacy of minors protected in the 2013 Provisions, 135
China Judgements Online (中国裁判文书网)
battered woman syndrome as a term rarely found on, 360
citing of the 2015 Opinions in, 376
citing of the term “notice of cooling-off period” (冷静期通知书), 70
identification of dispute type and decision type, 111
use by the SPC to establish best judicial practices, 151
Chongqing
“notice of cooling-off period” issued by Yubei District People’s court, 83
domestic violence claims in divorce cases from, 25
Civil Affairs Administration
marriage and divorce registration fee abolished by, 20
surge in divorce rates processed by, 19
warning of irrational divorces by the Ministry of Civil Affairs, 79
Civil Code (2020)
domestic violence not clearly defined by, 37
Marriage Law (1950, 1980, and 2001) replaced by, 22
preservation of Article 46 of the 2020 Marriage law, 37
civil law tradition, 36
Civil Procedure Law. See also 1992 Opinions of the SPC on Several Issues Concerning the Application of the Civil Procedure Law; 2015 Interpretations of the SPC on the Application of the Civil Procedure Law
on declaring a defendant missing, 51
on head judges of collegial panels, 162
on judicial mediation, 177n.5
on protection orders, 40
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)
cooling-off periods (冷静期)
“notice of cooling-off period” issued by Chongqing Yubei District People’s court, 83
“notice of cooling-off period” issued by Sichuan Province’s Anyue County People’s Court, 84
controlling rising divorce rates as the objective of, 81
psychological intervention as the objective of, 89
courts – BASIC-LEVEL COURTS. See also People’s Tribunals
adjudicated outcomes of, 19
as the first stop in the divorce litigation process, 22
place in China’s four-tier court system, 26
rural setting of, 119
courts – COURT DECISIONS. See also child custody; divorce adjudication outcomes in China; pledge letters
judicial work flow reflected in written court decisions, 62
keyword and keyphrase construction of measures, 125
voices of legal advocates absent from, 32
courts – INTERMEDIATE COURTS
expert witness testimony admitted in, 354
decoupling
institutional. See decoupling of appearance and reality (or rules and practices) inside China’s divorce courts; gap studies in the field of law and society
related to economic decoupling between two countries, xvi
decoupling of appearance and reality (or rules and practices) inside China’s divorce courts. See also gap studies in the field of law and society
contribution of legal ambiguities to, 15
decoupling of laws that champion the freedom of divorce from practices that undermine it, 41, 456, 461
definition of decoupling, xv
impact on cases involving domestic violence, 33
limitations of country-level indicators to explain it, 16
role of local institutional norms and practices, 18
Sida Liu’s research on, 17
decoupling-book.org
online court decisions from Henan’s 183 courts available at, 109
supplementary online material available at, xviii
divorce adjudication outcomes in China
control variable of female judge participation, 140
control variable of legal representation, 141
control variable of the duration of marriage, 141
Henan’s restrictiveness compared with restrictiveness in Zhejiang, 460
impact of public awareness of gender injustice on judicial decisions, 472
policy-induced bump in age at marriage reflected in Henan and Zhejiang’s online divorce decisions compared, 150
terms used to identify dispute type and decision type of statements or petitions, 111
divorce adjudication outcomes in China – QUALITATIVE ANALYSIS. See also Sisyphean quality of Chinese divorce litigation
brief overview of China’s court decisions, 33
case examples as a window on the real lives of divorce litigants, 104
illumination of patterns less visible in quantitative data, 412
divorce adjudication outcomes in China – QUANTITATIVE ANALYSIS. See also child custody – QUANTITATIVE ANALYSIS; Fourteen Articles – VOCABULARY
brief overview of China’s court decisions, 33
civil procedures applied, 132
dendrograms of the coappearance of words and clusters of words within individual holdings, 289Table8.2, 290, 291Figure8.2, 297
evidentiary discourse used to invalidate plaintiffs’ legally valid evidence, 284, 288, 292, 296, 297, 328
hierarchical cluster analysis (HCA) of the top 50 words in domestic violence cases, 289, 291Figure8.2, 295
lexicons of judicial holdings in first-attempt divorce decisions, 276, 278Figure8.1, 279, 290, 291Figure8.2
minimal citing of the Fourteen Article by judges in spite of its allure, 287
selection of case examples, 151
divorce litigation. See also divorce twofer; mediation; Sisyphean quality of Chinese divorce litigation
rural character of, 119
self-advocacy and agency of litigants, 244
divorce twofer
defined as the institutionalized practice of denying first-time petitions, 1
divorce twofer – SECOND ATTEMPTS
do-overs allowed in divorce litigation, 68
domestic violence (家庭暴力). See also murder – OF ABUSERS BY BATTERED WOMEN; murder – OF BATTERED WOMEN BY THEIR ABUSERS; murder – THREATS
China’s official commitment to combatting, 40
defined by the SPC. See 2001 Interpretations of the SPC on Several Issues Regarding the Application of the Marriage Law; 2008 Guidelines on Judging Marital Cases Involving Domestic Violence (2008 Guidelines)
defined in terms of expressions for physical and verbal abuse commonly used by plaintiffs, 127
incidence of allegations by male plaintiffs, 239
incidence of criminal domestic violence cases, 357
institutional decoupling impacting laws protecting victims of. See decoupling of appearance and reality (or rules and practices) inside China’s divorce courts
married couples as the focus of this book, 1n.1
Drori, Gili S. and Georg Krücken, 462
Du Shuanghua (杜双华), 99
England and Wales
gender of those who killed their intimate partners in, 357
women’s representation among divorce-seekers in, 25
evidence of domestic violence
minimization and negation in police reports of, 9
“violence words” not found in judges’ holdings, 243
evidence of domestic violence —PREPONDERANCE OF EVIDENCE STANDARD
affirmation by a judge in Zhejiang, 250
emendation to “beyond reasonable doubt standard,” 54n.9
reaffirmation in the 2015 Interpretations of the SPC on the Application of the Civil Procedure Law, 54
US Civil Courts on, 54
fathers’ rights movement, 390
faultism
discursive strategies deployed by judge to circumvent divorce standards based on, 326
no-fault “breakdown of mutual affection” (感情破裂) standard of the 1980 Marriage Law (Article 25), xv, 3, 64, 462
no-fault “irreconcilable differences” standard equated with breakdownism, 3
Fourteen Articles
on divorces granted when defendants can be declared missing, 51
dubbing of the SPC’s guidance on the breakdown of mutual affection, 43
extending of existing ambiguities rather than offering clarity, 44
minimal citing by judges in spite of its allure, 287
physical separation addressed in, 49
Fourteen Articles – Vocabulary
words in judges’ discourse of adjudicated denial drawn from, 273, 283, 287, 289Table8.2, 290, 293, 298Table8.4, 299, 328
freedom of divorce
legal ambiguity allowing decoupling of laws that champion the freedom of divorce from practices that undermine it, 41, 44, 64
practical prohibition of, illustrated in Waiting by Ha Jin, 41
freedom of marriage
enshrinement as a Chinese legal principle, 11
Gansu Province
bombing of Yongle County People’s Court by a litigant, 92
He Jie (battered woman case), 8
gap studies in the field of law and society
the law on the books and law in action discussed by, 13
gaslighting efforts
defendants’ denials given more credence than plaintiffs’ allegations, 256
judges as advocates for absentee defendants, 257
normalization of domestic violence by judges, xv, 2, 7, , 53, 55, 231, 238, 243, 252, 258, 260, 261, 264, 269, 287, 294
in village mediation, 9
gender
absence of same-sex marriage in China, 129n.20
factors associated with male and female homicide offenders, 357
gender of those who killed their intimate partners, 357
impact on child custody court decisions, 34
impact on leniency in criminal sentencing, 372
urbanization as a gender-equalizing pressure on divorce litigation practices, 139, 304, 308, 330, 461
women’s representation among divorce-seekers, 25
gender equality/gender justice
and the gap between public promises and performance, 13
gender injustice. See also patriarchal cultural beliefs
child custody and divorce adjudication guided by patriarchal cultural beliefs, 2, 4, 33, 34, 426, 458
of conservative rural courts, 139
in Henan and Zhejiang case outcomes, 460
impact of public awareness of gender injustice on judicial decisions, 472
impact on divorce adjudication outcomes in China, 33, 153, 232, 233Figure6.8, 301, 302, 303Figure8.3, 304
the personal voices of divorce litigants as a window on the human toll of, 104
Germany
gender of those who killed their intimate partners in, 357
influence on China’s modern legal system, 35n.1
global cultural norms. See also macro-comparative cross-national research; world society theory
contribution of global scripts, including “developmental idealism,” 463
global legal norms
domestic violence offenders considered unfit to serve as custodial parents, 383
global legal norms – CHINESE IMPLEMENTATION OF
influence on world society penetration, 470
global legal norms – CHINESE VIOLATION OF. See also legal ambiguity
and child custody determinations, 411
global legal norms – FOUR DIRECTIONS OF INQUIRY REGARDING CHINESE VIOLATION OF
China’s domestic laws that address divorce rights and domestic violence, 11
Guangxi Province
murder of a judge from Luchuan County People’s Court, 92
Rongan County People’s Court divorce case, 91
survey of frontline judges about threats to their physical safety, 90
Guidelines on Judging Marital Cases Involving Domestic Violence. See 2008 Guidelines on Judging Marital Cases Involving Domestic Violence (2008 Guidelines)
Hafner-Burton, Emilie M. and Kiyoteru Tsutsui
ordinal measure of government repression of, 465
Hathaway, Oona A.
“fair trial index,” 465
He Jie (battered woman case), 8
He, Xin, xv
Heimer, Carol A.
on endogenous organization practices, 15
Henan and Zhejiang Provinces compared
child custody decisions selected for analysis, 397
court fees, 49
gender injustice case outcomes compared, 460
homicide rates related to domestic violence in, 336
minority nationalities in, 142
residential addresses of plaintiffs and defendants, 139
websites scraped from, 9n.4
Henan and Zhejiang Provinces Compared
gender of those who killed their intimate partners, 357
Henan Province. See also Henan and Zhejiang Provinces compared
Decisions on Preventing and Combatting Domestic Violence issued in 2006, 262n.32
mediation surge in, 60
Henan Province – Court Cases
Fangcheng County People’s Court divorce case, 230
Fugou County People’s Court divorce case, 254
Guangshan County People’s Court homicide case, 359
Huixian Municipal People’s Court divorce case, 257
Huojia County People’s Court divorce case,
Jiaozuo Municipal Shanyang District child custody case, 401
Linzhou Municipal People’s Court twins custody case, 436
Luohe Municipal Shaoling District People’s Court divorce case, 262
Luoyang Municipal Jianxi District People’s Court child custody case, 381
Lushi County People’s Court child custody case, 401
Minquan County People’s Court divorce and domestic violence case, 349
Miyang County People’s Court domestic violence case, 259
Nanyang Municipal Wancheng District People’s Court homicide case, 373
Nanzhao County People’s Court divorce and child custody case, 404
Nanzhao County People’s Court domestic violence case, 258
Puyang Municipal Intermediate People’s Court homicide case, 335
Shangcheng County People’s Court divorce case, 253
Shangcheng County People’s Court domestic violence case, 69
Shangqiu Municipal Liangyuan District People’s Court domestic violence case, 239
Song County People’s Court divorce and child custody case, 229
Song County People’s Court domestic violence case, 349
Taikang County People’s Court divorce case, 232
Tanghe County People’s Court divorce and child custody case, 405
Xichuan County People’s Court child custody case, 410
Xin County People’s Court child custody case, 402
Xingyang Municipal People’s Court divorce case, 245
Xinyang Municipal Shihe District People’s Court divorce case, 230
Xinye County People’s Court homicide case, 376
Xun County People’s Court divorce case, 231
Yucheng County People’s Court domestic violence case, 332
Yuzhou Municipal People’s Court child custody case, 400
Zhengzhou Municipal Erqi District County People’s Court divorce case, 284
Zhengzhou Municipal Intermediate People’s Court homicide case of Yao Shuangxia, 259
Zhengzhou Municipal Zhongyuan District County People’s Court domestic violence case, 259
Zhongmu County People’s court divorce case,
Zhumadian Municipal Intermediate People’s Court homicide case, 358
Henan Provincial Academy of Social Sciences Research Team
on “domestic relations trial reform” (家事审判改), 81
on socialist family values promoted by Xi Jinping, 79
Heritage Foundation, 81
Hong Kong
gender of those who killed their intimate partners in, 357
women’s representation among divorce-seekers in, 25
Hu Mingyu (胡明玉) and Xince Shen (沈新策), 394
human rights
Amnesty International, 471
core UN international treaties endorsed by China, 12
country-level indicators of state responses to human rights and gender violence, 466
in absentia trials (缺席审理)
prevalence of, 10
serving of court papers via public notices to defendants, 51
in absentia trials (缺席审理) – PUBLIC NOTICE DIVORCE TRIALS (公告离婚)
and false claims of missing defendants, 98
frequency of, 306Table8.6
ordinary civil procedure applied in, 62
portrayal in a Legal Report (今日说法) episode, 99
India
gender of those who killed their intimate partners in, 357
income inequality in, 469
lawyer feminization in, 470
institutional decoupling. See decoupling of appearance and reality (or rules and practices) inside China’s divorce courts
Japan
gender of those who killed their intimate partners in, 357
influence on China’s modern legal system, 35n.1
women’s representation among divorce-seekers in, 25
Jiang, Jue, 84
Jin, Ha, Waiting, 41
judges. See also leniency in criminal sentencing; probation; procuracy and procurators
judges – ASSOCIATE (审判员) and ASSISTANT JUDGES (助理审判员)
judges – COLLEGIAL PANELS (合议制)
application of ordinary and simplified civil trial procedures by, 49
fake collegial panels, 161
head judges (审判长) on, 163
public notice trials conducted by, 52
judges – Female
decisions by female solo judges in rural courts, 139
feminization of the Chinese bench, 30
Henan and Zhejiang Provinces compared, 106
judge sex as a control variable, 140
lower numbers of female judges in rural areas, 139
vulnerability to threats of physical violence, 91
judges – FRONTLINE JUDGES (一线法官or 办案法官)
threats to their physical safety, 90
judges – NUMBERS OF. See also judges – QUOTA SYSTEM (员额制)
People’s Daily article on “many cases, few judges,” 158
judges – OVERWORK (超负荷工作)
Henan and Zhejiang courts compared, 180
judges – PHYSICAL SAFETY THREATENED
case of Chen Dinghua (Ning Shunhua’s abusive husband), 94
Rongan County People’s Court divorce case, 91
judges – QUOTA SYSTEM (员额制)
judges – SOLO JUDGES (独任法官)
application of the ordinary procedure advocated for, 186
mediation conducted by, 177n.5
public notice trials not conducted by, 52
use of collegial panels in ordinary simplified trial procedures compared with, 49
judicial efficiency
judicial performance evaluation systems (绩效考核体系)
well being of judges impacted by, 95
Kuo, Lily, 80
labor migration
and AWOL defendants, 52
migrants living away from their places of hukou, 137
separation due to, 49
Law on Judges
on assistant judges (1995 version), 161
on professional duties and responsibilities of judges (2019 version), 268
lawyers
estimates of unique lawyers and legal workers appearing in court decisions, 147
fees charged by, 21
feminization in China of, 470
and other legal advocates, 32
Lazarus-Black, Mindie
on “cultures of reconciliation,” 79
legal ambiguity
legal endogeneity
endogeneity theory of Edelman (Lauren), 15
legal endogeneity theory of Edelman (Lauren), 454
neutralization of (exogenous) global legal norms by (endogenous) local institutional norms, 18
and organization practices discussed by Heimer (Carol), 15
Legal Report (今日说法), 99
leniency in criminal sentencing. See also probation
case of Guo Qinjuan (homicide trial), 362
case of Yao Shuangxia, 370
case of Zhang Dianru (homicide trial), 367
conspicuous rates of, 358
and gender, 372
leniency in criminal sentencing – JUSTIFIABLE SELF-DEFENSE (正当防卫)
case of Xu Ping (Guangshan County People’s Court homicide case), 359
Chen Min’s representation of murder as, 361
rejected in the trial of Liu Shuanxia, 353
Lhamo (拉姆) (battered woman case), 374n.35
Li, Ke, xv, 25, 47, 133, 394
on “collusion,” 388
sample of claims of domestic violence in rural southwest China, 24
Li, Suzhen (abusive man), 335
Liebman, Benjamin L., 124n.15
Lipsky, Michael
litigants
divorce plaintiffs and defendants distinguished, 24
women’s representation among divorce-seekers, 25
Liu Wei (刘巍)
battered woman syndrome defense in a Chinese murder trial attempted by, 354
Liu Xiuzhen (刘秀珍)
battered woman syndrome defense in a Chinese murder trial attempted by, 354
Liu, Sida
on adherence to local practice rather than global norms, 17
Ma Yi’nan (马忆南)
on the reluctance of judges to grant divorces, 73
macro-comparative cross-national research. See also child custody – QUANTITATIVE ANALYSIS; divorce adjudication outcomes in China – QUANTITATIVE ANALYSIS
analysis of vignette data related to, 467
assessment of influences in macro-comparative cross-national research, 468
methodological strategies used to surmount challenges of, 467
Marriage Law (1950)
age at marriage, 148
arranged marriages banned by, 392
enactment of, 36
on freedom to divorce, 40
judicial mediation aimed at marital reconciliation, 22
Marriage Law (1980)
age at marriage, 148
“breakdown of mutual affection” (感情破裂) (Article 25) added to, 43
Marriage Law (2001) – ARTICLE 32
on breakdown of mutual affection (preserved as Article 1079 in the 2020 Civil Code), 43, 46, 50, 63, 286
statutory physical separation period shortened by, 49
Marriage Law (2001) – ARTICLE 46
introduction in 2001 of, 37
preservation as Article 1091 in the 2020 Civil Code, 37
mediation (调解)
decoupling of appearance and reality (or rules and practices) inside China’s divorce courts traced to adherence to, 17
rules prohibiting posting decisions online, 112
mediation – JUDICIAL MEDIATION
designation of closed cases as mediation decisions, 111
mediation – VILLAGE MEDIATION
gaslighting efforts of, 9
marital reconciliation and preservation as the focus of, 8
minority nationalities
basic-level courts in areas with concentrations of, 26
Lhamo (拉姆) (battered woman case), 374n.35
paucity of information about litigant ethnicity, 142
Mnookin, Robert H. and Lewis Kornhauser, 453
mothers-in-law
defense of their own daughter against attacks by son-in law, 334
murder
case of Deng Yujiao (public sympathy for), 364
of judges by disgruntled litigants, 93
risks faced by women leaving abusive men, 336
as an unintended effect of judges’ prolonging of marriages, 473
murder – OF ABUSERS BY BATTERED WOMEN
battered woman syndrome defense attempted by Liu Wei and Liu Xiuzhen, 354
case of Guo Qinjuan, 364
case of Li Yan (李彦), 355
case of Yao Shuangxia, 370
domestic violence as a factor among female homicide offenders, 357
Guangshan County People’s Court homicide case, 359
Nanyang Municipal Wancheng District People’s Court homicide case, 373
numbers of women in Chinese prisons accused of, 356
Yuyao Municipal People’s Court domestic violence case, 366
murder – OF BATTERED wOMEN BY THEIR ABUSERS
cases. See He Jie (battered woman case); Lhamo (拉姆) (battered woman case); Li Suzhen (abusive man); Liu Shuanxia (variously 刘栓霞 and 刘拴霞) (battered woman case); Xue Aihua (battered woman case)
Yinzhou District People’s Court attempted homicide case, 335
Yiwu Municipal People’s Court attempted homicide case, 334
natal family
abuse of victims and parents-in-law by husbands, 400
mentioning in litigant’s statement as evidence of gender, 129
Netherlands
gender of those who killed their intimate partners in, 357
1992 Opinions of the SPC on Several Issues Concerning the Application of the Civil Procedure Law
on applying the simplified civil procedure, 166
on mediation in divorce litigation, 22n.10
on second-instance trials, 67
1993 Several Concrete Opinions Concerning Handling Child Custody Matters in Divorce Trials (1993 Opinions)
on child support, 385
legal standards determining child custody, 384
on joint legal custody (轮流抚养), 384
patriarchal cultural beliefs. See also gaslighting efforts; son preference
rural courts’ support of, 383
People’s Lay Assessors (人民陪审员)
People’s Tribunals (人民法庭 or 派出法庭)
family cases overrepresented in, 119
lack of identification in their written court decisions, 142
rural setting of, 29
simplified procedure applied in, 165
personal safety protection orders
provisions in the Anti-Domestic Violence Law (2015), 40
pledge letters (保证书)
case from Xinchang County People’s Court, 10
case of He Jie’s husband Zhang Dong, 6
police
domestic violence reported to by plaintiffs, 7, 9, 253, 255, 333, 347, 348, 355, 365, 366, 374n.35, 408
and other street-level bureaucracies, 455
political ideology. See also Marx, Karl; stability maintenance (维稳) ideology
and the civil law tradition, 36
ideological words deployed to deny divorce petitions, 247, 272, 277, 284, 286, 289Table8.2, 292, 296, 296Table8.3, 297, 298Table8.4
Maoist legacy of judicial mediation in China’s courts, 19
Pope, Shawn and John W. Meyer, 462
procuracy and procurators
performance evaluation systems of, 363
property division
contestation of, 93
rape (强奸) – MARITAL RAPE
cutting off of reproductive organs by victims of, 367
euphemistic references used by women for, 241
Shangcheng County People’s Court divorce case, 253
remarriage
by litigants not measured in the current research, 143
Scotland
women’s representation among divorce-seekers in, 25
Sisyphean quality of Chinese divorce litigation
ideological opposition to freedom of divorce, 41
and the need for personal protection orders to be treated as a proof of statutory wrongdoing, 472
son preference
status and security of rural woman linked to, 391
Spring Festival (Chinese Lunar New Year)
stability maintenance (维稳) ideology. See also frivolous divorce (轻率离婚)
Confucian ideological roots of, 79
the institutionalization of criminal reconciliation associated with, 370
unintended opposite effects of policies promoting it, 473
street-level bureaucracy
as de facto policy makers, 455
defined as “frontline workers” serving as gatekeepers to state resources, services, and opportunities, 455
street-level bureaucracy – FIVE DEFINING HALLMARKS OF
routines and simplifications used by judges to cope, , 458
suicide and attempted suicide
injuries incorrectly determined to be associated with suicide attempts, 57
murder and suicide of a litigant at Yongzhou Municipal Lingling District People’s Court, 92
of overworked judges, 95
Supreme People’s Court (SPC)
China Judicial Big Data Research Institute (中国司法大数据研究院), 124n.15
death sentences reviewed by, 355
1992 Opinions. See 1992 Opinions of the SPC on Several Issues Concerning the Application of the Civil Procedure Law
1993 Opinions. See 1993 Several Concrete Opinions Concerning Handling Child Custody Matters in Divorce Trials
place in China’s four-tier court system, 26
Several Concrete Opinions on How to Determine in Divorce Trials Whether Marital Affection Has Indeed Broken Down. See Fourteen Articles
2001 Interpretations. See 2001 Interpretations of the SPC on Several Issues Regarding the Application of the Marriage Law (2001 Interpretations)
2008 Guidelines. See 2008 Guidelines on Judging Marital Cases Involving Domestic Violence (2008 Guidelines)
2013 Provisions. See 2013 Provisions of the SPC on People’s Courts’ Posting Decisions Online (2013 Provisions)
2015 Opinions. See 2015 Opinions of the SPC Concerning the Handling of Criminal Domestic Violence Cases in Accordance with the Law (2015 Opinions)
use of China Judgements Online to establish best judicial practices, 151
Supreme People’s Court (SPC) – Five Year Outlines
Taiwan
gender of those who killed their intimate partners in, 357
trials and trial procedures. See also courts; divorce adjudication outcomes in China
legal standards concerning the determination of civil procedure, 329
vanishing trial in the United States, 175
trials and trial procedures – ORDINARY PROCEDURE (普通程序)
frequency of, 306Table8.6
public notice trials conducted according to, 52
statutory deadlines for, 48
trials and trial procedures – SIMPLIFIED PROCEDURE (简易程序)
coding in quantitative analyses, 132
frequency of, 306Table8.6
statutory deadlines for, 48
2001 Interpretations of the SPC on Several Issues Regarding the Application of the Marriage Law (2001 Interpretations)
definition of domestic violence, 38
2008 Guidelines on Judging Marital Cases Involving Domestic Violence (2008 Guidelines), 37, 38, 53, 54, 58, 354, 383, 385, 403
Article 63 on privileging the safety of children, 383
Article 64 on privileging the safety of children, 385
Chen Min as author of, 354
definition of domestic violence clarified by, 38
on evidentiary standards, 396
on global norms of gender equality, 37
on pledge letters, 58
Stockholm Syndrome referenced regarding the emotional attachment of children to abusive parents, 407
2013 Provisions of the SPC on People’s Courts’ Posting Decisions Online (2013 Provisions), 112, 113, 113Figure4.3, 114, 117, 135
emendation as the 2016 Provisions, 116n.6
the privacy of minors protected in, 135
promulgation of, 112
2015 Interpretations of the SPC on the Application of the Civil Procedure Law
on carrying out mediation in divorce litigation, 22n.10
on locations for the placement of public notices, 51
preponderance of evidence standard reaffirmed in Article 108 of, 55
United Nations
core UN international treaties endorsed by China, 12
Declaration on the Elimination of Violence against Women (1993), 38
Nairobi Forward-Looking Strategies for the Advancement of Women (1985) submitted by China to, 39
United States
bargaining in the shadow of the law, Mnookin, Robert H. and Lewis Kornhauser, 453
battered woman syndrome accepted as a type of post-traumatic stress disorder, 353
child custody determinations, 390
court rules broken by lower-court judges in, 167
divorce granted to Kim Lee by a Beijing court (2013), 11
establishing a preponderance of evidence in US civil courts, 54
evidence of fathers’ “demand for sons,” 412
gender of those who killed their intimate partners in, 357
legal endogeneity obscuring and enabling employment discrimination by private corporations, 15
murder rates of women leaving abusive partners, 334
the vanishing trial in, 175
Wang, Cheng-Tong Lir and Evan Schofer, 463
Wang, Mengyao (王梦遥), 89
Wang Shengjun (王胜俊)
court reform under his leadership, 164
Wang, Yuhua
indirect proxy measure of judicial corruption, 467n.2
WomanStats database
limitations of, 465
Ye, Xiangyang (叶向阳), 180
Zeng, Shaoyou (曾少友), 393
Zhejiang Province. See also Henan and Zhejiang Provinces compared
adjudicated divorce decisions made on or after March 1, 2016, 470
first-attempt decisions primarily made by solo judges in, 139
Measures of the Municipality of Wenzhou for the Implementation of a Domestic Violence Warning System, 263
procedural shortcuts taken by judges in the city of Jinhua, 167
Regulations on Preventing and Combatting Domestic Violence issued in 2010, 262n.32
Zhejiang Province – Court Cases
Cangnan County People’s Court child custody case, 408
Cangnan County People’s Court divorce case, 246
Chun’an County People’s Court divorce case, 249
Chun’an County People’s Court domestic violence case, 264
Haiyan County People’s Court child custody case, 409
Haiyan County People’s Court domestic violence case, 470
Hangzhou Municipal Jianggan District People’s Court divorce case, 250
Huzhou Municipal Nanxun District People’s Court child custody case, 403
Huzhou Municipal Wuxing District People’s Court divorce case, 285
Kaihua County People’s Court divorce case, 246
Lanxi Municipal People’s Court child custody case, 402
Lanxi Municipal People’s Court domestic violence case, 265
Linhai Municipal People’s Court child custody case, 405
Longquan Municipal People’s Court domestic violence case, 259
Ninghai County People’s Court domestic violence case, 345
Pingyang County People’s Court child custody case, 402
Qingtian County People’s Court domestic violence case, 265
Rui’an County People’s Court domestic violence case, 333
Sanmen County People’s Court divorce case, 261
Shaoxing Municipal Yuecheng District People’s Court divorce case, 391
Tiantai County People’s Court domestic violence case, 264
Wenzhou Municipal Longwan District People’s Court domestic violence case, 263
Xinchang County People’s Court divorce trial case, 10
Yinzhou District People’s Court attempted homicide case, 335
Yiwu Municipal People’s Court attempted homicide, 334
Yiwu Municipal People’s Court divorce case, 285
Yongkang Municipal People’s Court divorce case, 256
Yueqing Municipal People’s Court domestic violence case, 69
Yuhang District People’s Court domestic violence case, 332
Yuyao Municipal People’s Court domestic violence case, 366
Zhoushan Municipal Putuo District People’s Court domestic violence case, 258
Zhuji Municipal People’s Court divorce case, 245
Zhou Qiang (周强) (SPC president)
on caseloads in people’s courts, 156
on the deaths of overworked judges, 95
Zhu, Zhanwang (朱展望) and Songwen Zhu (邹松文), 164
Open access