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This chapter introduces China’s formal legal divorce rights, standards, and procedures, which align closely with global norms concerning the protection of gender equality and women’s physical security. China’s legal standard for divorce is the breakdown of mutual affection, which can be established on the basis of irreconcilable differences, physical separation, or statutory wrongdoing such as domestic violence. Only exceedingly rarely, however, have Chinese judges granted divorces on fault-based grounds. In recognition of difficulties abuse victims often face proving their allegations of domestic violence, Chinese law relaxes evidentiary standards in domestic violence cases. Judges nonetheless tend to disaffirm domestic violence allegations on evidentiary grounds. Defendants are absent from a sizeable proportion of divorce trials because they choose to opt out or because their whereabouts are unknown. Judges are more inclined to grant divorces when defendants cannot be found. Judges rarely grant divorces when defendants withhold their consent to divorce. They typically treat a defendant’s unwillingness to divorce as proof that mutual affection has not broken down.
Domestic violence allegations were pervasive in divorce litigation and unimportant to judges. The viciousness of some of the incidents of marital abuse women reported in their divorce petitions boggles the mind. And yet, judges almost uniformly disregarded domestic violence allegations. They took advantage of legal ambiguity to gaslight female plaintiffs whose divorce petitions included claims of domestic violence. Judges sidelined plaintiffs’ claims of spousal wrongdoing by holding that mutual affection had not broken down and that reconciliation remained possible. Even in the face of horrific and often well-documented claims of domestic violence, judges justified their adjudicated denials of divorce petitions by citing the voluntary nature and duration of litigants’ courtship, the duration of their marriage, the fact that they produced children, defendants’ apologies for abusing plaintiffs, and, above all, defendants’ unwillingness to divorce.
This article examines the origins and dynamics of an extraordinary wave of protests in Hong Kong in 2019–2020. Despite lacking visible political opportunities and organizational resources, the protest movement drew resilient, mass participation unparalleled in the city's history and much of the world. Drawing from original on-site surveys and online datasets, we conceptualize the Anti-Extradition Law Amendment Bill Movement as a form of “total mobilization from below.” The totality of the mobilization depended on a set of interactive mechanisms: abeyant civil society networks concealed after the 2014 Umbrella Movement were activated by threats over extradition and institutional decay, whereas affective ties developed through conflicts and mutual assistance were amplified by digital communication. The movement's characteristics in terms of protest scale, mobilizing structure, use of alternative spaces, and group solidarity are examined. The spasmodic moments of mobilization are explained by a nexus of network building that took place in an unreceptive environment and at a critical juncture. The roles of threats and emotions in mass mobilizations are also analysed.
Michelson's analysis of almost 150,000 divorce trials reveals routine and egregious violations of China's own laws upholding the freedom of divorce, gender equality, and the protection of women's physical security. Using 'big data' computational techniques to scrutinize cases covering 2009–2016 from all 252 basic-level courts in two Chinese provinces, Henan and Zhejiang, Michelson reveals that women have borne the brunt of a dramatic intensification since the mid-2000s of a decades-long practice of denying divorce requests. This book takes the reader upstream to the institutional sources of China's clampdown on divorce and downstream to its devastating and highly gendered human toll, showing how judges in an overburdened court system clear their oppressive dockets at the expense of women's lawful rights and interests. This book is a must-read for anyone interested in Chinese courts, judicial decision-making, family law, gender violence, and the limits and possibilities of the globalization of law.This title is also available as Open Access on Cambridge Core.
As a country rich in mineral resources, contemporary China remains surprisingly overlooked in the research about the much debated 'resource curse'. This is the first full-length study to examine the distinctive effects of mineral resources on the state, capital and labour and their interrelations in China. Jing Vivian Zhan draws on a wealth of empirical evidence, both qualitative and quantitative. Taking a subnational approach, she zooms in on local situations and demonstrates how mineral resources affect local governance and economic as well as human development. Characterizing mining industries as pro-capital and anti-labour, this study also highlights the redistributive roles that the state can play to redress the imbalance. It reveals the Chinese state's strategies to contain the resource curse and also pinpoints some pitfalls of the China model, which offer important policy implications for China and other resource-rich countries.
This article presents the findings of original research on “judge quota” reform. The reform's agenda was essentially aimed at professionalization: by edging out a given percentage of judges, only the better qualified judges would be re-appointed to create a more professionalized judiciary. A key component of the reform was to reduce the level and the intensity of both political and bureaucratic control over judges in adjudication and to decentralize judicial power to the rank-and-file judges, restoring individualized judging while enhancing judicial accountability. This article critically examines the potential and limits of the judge quota reform in the context of incremental legal reform in a party-state.
The Occupy Central/Umbrella Movement of 2014 and the anti-extradition protests of 2019 revealed how much Hong Kong's relationship with mainland China has deteriorated since the former British colony returned to Chinese sovereignty in July 1997. With mutual distrust and suspicion at an all-time high, many Hong Kong people have become increasingly hostile toward the Chinese government and the mainland in general, identifying themselves as Hongkongers rather than as Chinese. Yet, as John Carroll shows, for more than 150 years, colonial Hong Kong and China not only coexisted with but benefited each other, even during the anti-imperialist campaigns of the Republican and Communist eras. The porous boundary between Hong Kong and China enabled the two to use each other economically, politically, socially, and culturally. The Hong Kong–China nexus, although firmly embedded in global dynamics of colonialism, Cold War politics, and capitalist expansion, defies many common assumptions about nationalism, colonialism, and decolonization.
Middle-class parents in China are increasingly torn between the need to secure their child's future in an environment where competition starts in kindergarten and parenting ideologies focusing on the child's individuality, creativity and freedom. Our study, based on ethnographic fieldwork among middle-class Chinese migrants in Budapest, shows that one result of this tension is a new wave of emigration that is justified in terms of securing a relaxed, healthy and free environment for the child. These migrants consciously reject what they see as a materialistic and dehumanizing social environment in China and pursue a “European” lifestyle that they imagine as wholesome and human-centred; yet while they rejoice in the “happiness” of their children, they retain a deep-seated anxiety about their children's future. Thus, the search for a mentally and physically wholesome environment consonant with China's discourse of national revitalization becomes decoupled from its original agenda and triggers a new trend in international mobility. This study illustrates how the broader tensions in the relationship between China's middle class and the state are externalized to the global stage.
This article employs ethnographic fieldwork and interviews to examine two distinct processes of depoliticization by non-governmental organizations advocating rights for sex workers in China. Drawing upon Bourdieu and institutional theory, we argue that the consolidation of state repression of civil society under the Xi regime created an institutional field of power to which two NGOs responded differently. While one of them relied on government procurement as its major funding source, thus diluting the original mission, the other internalized state rhetoric as it sought political legitimacy through state certification, thus sanitizing its political mission. These distinct responses were then institutionalized into organizational practices, norms and culture. Rather than portraying NGOs in China as either capable political actors or pawns of an authoritarian state, this article illustrates how NGOs are subtly depoliticized by being inculcated in a state-produced, hierarchical social order in which compliance with state norms becomes synonymous with organizational competence.
Many believe the recent deterioration in US–China relations represents a 'New Cold War' rooted in ideological differences. However, such differences did not prevent the two countries from pursuing economic integration and geopolitical cooperation in the 1990s and 2000s. Ho-fung Hung argues that what underlies the change in US–China relations is the changing relationship between US–China corporations. Following China's slowdown after 2010, state-backed Chinese corporations turned increasingly aggressive when they expanded in both domestic and global markets. This was at the expense of US corporations, who then halted their previously intense lobbying for China in Washington. Simultaneously, China's export of industrial overcapacity has provoked geopolitical competition with the United States. The resulting dynamic, Hung argues, resembles interimperial rivalry among the great powers at the turn of the twentieth century.
This article introduces the analytical framework of “factional model-making” to describe and explain the open political contention of Chinese Communist Party elites in the policy process. Party elites undertake factional model-making to express policy disagreements and to signal their power to the regime: by flouting the Party line publicly without punishment, they show that they can influence the Party line and therefore pressurize the regime into acknowledging their position in the opaque power structure. This article chronicles the history of factional model-making from the 1960s to 2012 and examines in detail the making of Henan's Nanjie Village into a re-collectivization model by the Party's left. The process began in the 1990s and ended soon after Xi Jinping came to power in 2012, which prompted Nanjie's patrons to recast the village as a Party model trumpeting Xi's line. The suppression of factional model-making under Xi is discussed in the conclusion.