Abstract
Purpose
Despite the justice system reform in China in recent years aimed at increased transparency and information disclosure, much remains unknown about the operation of various sectors in the Chinese criminal justice system, including factors that influence prosecution decisions. To fill the gap, this study examines the effects of diverse legal and extralegal factors on prosecutorial decisions of intimate partner violence that result in minor injuries.
Methods
Descriptive analyses and multivariate binary logistic regressions were conducted using unique data collected from online prosecutorial decision documents released between 2019 and 2021 in China and obtained through web-scraping.
Results
Findings reveal that both sets of legal and extralegal factors significantly impact these decisions, with a heightened prosecution risk associated with male defendants who have criminal histories, were detained, or used weapons. Conversely, female defendants, particularly migrants, and those who surrendered voluntarily, possessed higher educational levels, or participated in restorative actions faced a lower risk. Our gender-specific analysis further highlighted the distinct effects of these factors on prosecutorial decisions for male and female defendants.
Conclusions
The findings of this study resonate with previous research conducted in Western contexts, yet they also uncover distinct factors influencing prosecutorial decisions in China, highlighting the value of comparative research tailored to the Chinese setting. Furthermore, disparities observed in gender-specific analysis underscores the intricate interplay between gender and legal processes in China.