RRSPCGBP · The Rationale and Ramification of Sentencing and Punishment in China through a Gender Based Perspective

The Rationale and Ramification of Sentencing and Punishment in China through a Gender Based Perspective

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.

Текст от CORDIS, на английски · Данни: CORDIS, © Европейски съюз