Restorative Justice Responses to Gender Violence? Answers from a case study on trafficking in women in China

• In Event: RJ country developments

Abstract

Restorative justice plays a crucial role in crime responses in many societies worldwide, extending to cases of violence against women, human trafficking and other serious crimes. China is believed to have cultivated certain restorative justice ideas since ancient times, with Confucian philosophy and traditional Chinese values deemed compatible with the tenets of restorative justice in many ways. However, in contemporary China, despite recent shifts in criminal justice policy emphasising a balance of leniency and severity, punitive justice remains predominant. While restorative elements may be visible in addressing juvenile offending and minor crimes, the consideration of restorative measures in response to severe offences, such as trafficking in women (and children) with potential harsh penalties including death, may not be probable. This article examines a high-profile case of trafficking in woman for forced marriage in China, which sparked public outcry in 2022. Using this case as a focal point, the article contends that the prospect of introducing restorative justice principles in instances of grave criminal offences and crimes deeply entrenched in profound social and structural problems, such as trafficking in women, remains unlikely given the prevailing socio-political landscape. The article’s analysis contributes to ongoing debates in the fields of restorative justice, human trafficking and violence against women. It provides insights from a country where restorative justice lacks official endorsement and is interpreted and practised with distinct cultural nuances and political sentiments. The article also explores the intricate nature of women trafficking in China, unveiling the complexities inherent to this issue. Furthermore, it sheds light on criminal justice policies and practices in the country. In doing so, the article adds valuable perspectives to the existing literature in these domains.

Author

• Anqi Shen, Northumbria University