To Divorce or not to Divorce: A Critical Discourse Analysis of Court-ordered Divorce Mediation in China

Jian, Wang

doi:10.1093/lawfam/ebs018

Cited by 21 publications

(8 citation statements)

References 22 publications

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“…In this way, the courts reproduce gender inequality present in relationships and society more broadly. This article thus adds to the existing literature on how socialist states such as China perpetuate gender inequality (Stacey, 1983;Wang, 2013;Watson and Ebrey, 1991;Woo, 2003).…”

Section: Discussionmentioning

confidence: 82%

‘No Malicious Incidents’

2017

Social & Legal Studies

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Based on participant observation and in-depth interviews with judges, this article demonstrates the significant role of concern for social stability in China’s divorce law practice in highly contested and potentially explosive cases. This is evident in the current use of mediation procedures. Since the judge is held responsible for keeping the parties in check, the concern for social stability dominates proceedings. The legal criterion of ‘the breakdown of mutual affection’ is eclipsed by the political principle of ‘no malicious incidents’. This emphasis on maintaining stability, however, paradoxically reproduces social instability because it incentivizes violence in the domestic sphere. It also reinforces gender inequality. This study suggests the need to reflect upon the appropriate role of the judiciary in divorce proceedings and the tenuous boundary between law and politics in contemporary China.

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Section: Discussionmentioning

confidence: 82%

‘No Malicious Incidents’

2017

Social & Legal Studies

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“…Today, mediation is not only a service offered by most family courts (Singer reports a survey finding of 92% of family courts, p. 373) but has also become widely mandated (Singer, 2009) across most US states. Mediation as family court intervention is also found globally, with similar rationale provided through legal systems addressing divorce and non-marital parenting in Asia, Australia, Europe, Canada, and more recently introduced in the 2000s in Latin America and Africa (Boshier et al, 2011;Crook, 2012;Dingwall and Eekelar, 1988;Lundberg and Maloney, 2010;Maclean, 2010;Murayama, 2010;Wang, 2013). Cross national variations include whether the underlying purpose is marital conciliation (as found in Asia) or amicable separation (as common to English speaking countries), and whether mediation is offered within the court or contracted out to family service providers.…”

Section: Research Study Mediation As Interventionmentioning

confidence: 98%

Ethnographic refusal as research method: Example from a study of a family court child custody mediation program

Crampton

2014

Qualitative Social Work

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“…The economic reforms in China, and accompanying cultural shift toward materialism, have also been associated with increasing divorce rates (Ma et al, 2018). The divorce rates in China began to increase substantially in the late 1970s and then accelerated at a faster rate after divorce laws were changed in 2003, allowing for a more simplified manner in which to obtain a legal divorce (Wang, 2013). The combination of alternatives to marriage and easier means to dissolve an existing marriage, then, are likely to affect the expectations of young adults about marriage itself.…”

Section: Trajectories Toward Marriage and Parenthood In The Chinese Contextmentioning

confidence: 99%

Marriage and Fertility Preferences among Young Women in China: Changes over Time

Blair

Madigan

2020

Journal of Family Issues

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China has undergone considerable social and economic change over recent decades and, more recently, has altered its fertility policies. Using data collected at several Chinese universities from 2015 through 2019, this study examines contextual factors associated with young women’s marriage and fertility preferences. The analyses demonstrate that, over recent years, young women express a significant preference for later ages at first marriage, fewer numbers of children, and a later age at first birth. Pronatalist attitudes and gender role attitudes are shown to have strong associations with marriage and fertility aspirations in recent years. Peer influence is associated with marriage preferences, while parental characteristics are shown to significantly influence fertility preferences. While individual traits such as school performance yield significant associations, such effects are not as strong as anticipated. The results are discussed within the developmental paradigm, with focus upon the potential influence of cultural globalization and changing Chinese gender roles.

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To Divorce or not to Divorce: A Critical Discourse Analysis of Court-ordered Divorce Mediation in China

Cited by 21 publications

References 22 publications

‘No Malicious Incidents’

‘No Malicious Incidents’

Ethnographic refusal as research method: Example from a study of a family court child custody mediation program

Marriage and Fertility Preferences among Young Women in China: Changes over Time

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