Threat To Family Stability Or Social Stability? Domestic Violence Protection Orders In Two Chinese Courts

52 Pages Posted: 18 Mar 2025

See all articles by Xin He

Xin He

The University of Hong Kong - Faculty of Law

Date Written: January 21, 2025

Abstract

In this examination of domestic violence protection orders in two lower-level Chinese courts, the interpretation of gender violence with respect to political concerns for social stability plays an essential role in the law's effectiveness. In an urbanized coastal area court, judges see gender violence as a direct threat to social stability. To maintain stability, they facilitate claims against gender violence. Conversely, in a rural court, judges view gender violence as a direct threat to family stability. To maintain family stability, which is closely linked to social stability, they suppress claims against gender violence. This study proposes that when global discourses are reformulated, new forms of cultural and political appropriation emerge. It highlights the complexities that arise when law, culture, and politics intermingle in the process of law and globalization. Understanding these complexities is crucial for addressing challenges in implementing global legal reforms at the local level and ensuring protection against gender violence.

Suggested Citation

He, Xin, Threat To Family Stability Or Social Stability? Domestic Violence Protection Orders In Two Chinese Courts (January 21, 2025). Available at SSRN: https://ssrn.com/abstract=5105707 or http://dx.doi.org/10.2139/ssrn.5105707

Xin He (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

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