Restorative Justice and Probationary Sentencing Decision in China

• In Event: Tests of Theories in Chinese Situations

Abstract

Restorative justice and community reintegration have been one of the major features of the Chinese correctional policies. Given its communitarianism and close-knit family structures, and various community based policing and correctional programs, probation has been argued to be one of the most effective tools to serve both purposes of punishment and reintegration. Drawing on the theory of reintegrative shaming and using data from China Law Yearbook and judicial judgment documents involving theft and assault cases, this paper examines the nature and extent of probation and the determinants in judicial decisions involving probationary sentence. Relevant theoretical and policy implications will also be discussed.

Authors

• Qingting Hu, University of Nevada, Las Vegas

• Hong Lu, University of Nevada, Las Vegas

• Lei Ma, Southwestern University of Finance and Economics