{"title":"Juvenile Community Corrections in China: the Quest for a Restorative Approach","authors":"Dennis S. W. Wong, Cindy S. Y. Fung","doi":"10.1007/s11417-022-09381-8","DOIUrl":"10.1007/s11417-022-09381-8","url":null,"abstract":"<div><p>Community-based treatment has long been a major component of the criminal justice system in most Western jurisdictions; however, this is not the case in China. Based on a review of academic journal articles and legal documents, this paper highlights the evolution of community correction programs for juvenile offenders in China. Reflecting on its development over the past two decades, the existing community correction programs in China are not restorative in facilitating an offender’s effective reintegration into the community. This paper aims to address the existing gap by examining the historical roots and characteristics of Chinese juvenile community corrections and analyzing how restorative justice can be incorporated into the youth rehabilitation system. In this regard, this paper advocates for a restorative juvenile community correction model that motivates social capital and actively engages all concerned parties in meeting various correctional goals of victim reparation, accountability taking, capacity building, and maintaining community safety. With the momentum of the recent criminal justice reform alongside the continued open-door policy in China, it is hoped that the Chinese government may be more willing to include restorative ideas for offender reintegration in the future. With more frequent applications of restorative justice, we are confident that effective intervention models could be put into practice in the years to come.</p></div>","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"18 2","pages":"113 - 132"},"PeriodicalIF":1.9,"publicationDate":"2022-10-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46462739","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Restoring Justice or Maintaining Control? Revolutionary Roots and Conservative Fruits in Chinese Police Mediation","authors":"Jeffrey T. Martin, Lingxiao Zhou","doi":"10.1007/s11417-022-09378-3","DOIUrl":"10.1007/s11417-022-09378-3","url":null,"abstract":"<div><p>This article examines the use of mediation as a police technique in China. Our focus is the “Fengqiao Model” (<i>Fengqiao Jingyan</i>) reforms presently being implemented through the new Social Governance Scheme. Based on 1 year of ethnographic participant-observation, we propose that the overarching practical goal of contemporary Fengqiao Model mediation conferences is to engineer a “good faith/sincere” (<i>chengyi</i>) reconciliation on the part of individual participants in a manner that consolidates the overall hegemony of the market order. To evaluate the substantive qualities of justice generated by this marketized mode of production, we focus on the way it uses techniques of psychic coercion to foreclose non-marketized avenues to political justice. This evidences an illiberal ideal of legitimate force which, we argue, renders these practices inconsistent with ideal–typical definitions of “restorative justice” predicated on a liberal ideal of mediation as a space of free expression. This is a technology of mediation designed to produce <i>revolutionary</i> rather than restorative justice. We further substantiate our argument by locating contemporary practices in the broader history of policing in the PRC, focusing on the enduring significance of “emotion work” as a canonically illiberal technology forged in the context of Mass Line administration. Where Mao-era Fengqiao Model policing utilized reintegrative shaming to deal with political contradictions among the people, Market era Fengqiao Model policing repairs grass root conflict through a mode of producing depoliticized “good faith/sincerity” within the terms of the cash nexus, repurposing revolutionary techniques to uphold a market order.</p></div>","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"18 2","pages":"133 - 153"},"PeriodicalIF":1.9,"publicationDate":"2022-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49542219","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Non-compliance or What? An Empirical Inquiry into the Regulatory Pyramid of Chinese Drug Users","authors":"Xiaoyu Yuan, Liu Liu","doi":"10.1007/s11417-022-09379-2","DOIUrl":"10.1007/s11417-022-09379-2","url":null,"abstract":"<div><p>Rarely has any study examined the regulatory structure of drug treatment in China from the perspective of the regulated actors (i.e., illicit drug users). This study, based on interviews with 36 drug users placed in compulsory drug treatment centers, aims to understand their experiences with the whole treatment regime. Their views of the multiple tools and strategies adopted by regulators are explored. The findings are presented and discussed in relation to the “regulatory pyramid” developed in the Western context, which advocates maximal use of restorative justice and minimal sufficiency in imposing deterrence. They show that China’s current state-centered regulatory practice in drug treatment lacks both a restorative base and regulatory deterrence, rendering escalation in the pyramid inevitable. Implications for theory and practice are offered with regard to enhancing compliance in the current regulatory context of China.</p></div>","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"18 2","pages":"155 - 170"},"PeriodicalIF":1.9,"publicationDate":"2022-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43149950","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Restorative Justice in Hong Kong — a Research Study on the Struggle Between Retribution and Restoration","authors":"Wendy Lui","doi":"10.1007/s11417-022-09380-9","DOIUrl":"10.1007/s11417-022-09380-9","url":null,"abstract":"<div><h2>Abstract\u0000</h2><div><p>Hong Kong has been a place where the rule of law is upheld as the cornerstone of the legal system, and the notion of rule of law is based very much on retributory justice — a system where defendants are given sufficient due process protection, and proportionate punishment is levied in a legal sense. In the criminal prosecution process, restorative justice exists in a peripheral way in the form of victim offender mediation. Though named as a form of mediation, the practice of restorative justice has been receiving much lesser attention when the use of mediation in the civil justice system has enjoyed huge growth in the territory. This article examines how the promotion of mediation in Hong Kong has supported potential development of restorative justice through the well-established pool of professionals, lawyers and helping professionals included, in the field.</p></div></div>","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"18 2","pages":"231 - 251"},"PeriodicalIF":1.9,"publicationDate":"2022-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44692808","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Lanying Huang, Chuen-Jim Sheu, Yi-Fen Lu, Yi-Chun Yu, Mark S. Umbreit
{"title":"Restorative Justice (XIU-FU-SHI-SI-FA) in Taiwan: Traditional Practices and Modern Developments","authors":"Lanying Huang, Chuen-Jim Sheu, Yi-Fen Lu, Yi-Chun Yu, Mark S. Umbreit","doi":"10.1007/s11417-022-09377-4","DOIUrl":"10.1007/s11417-022-09377-4","url":null,"abstract":"<div><h2>Abstract </h2><div><p>“Restorative Justice,” firstly a research concept and later a criminal justice practice, was introduced into Taiwan at the beginning of the twenty-first century. This paper reviews how RJ grounded in the Taiwanese district prosecutors’ offices and gradually grows into a grassroots social movement. We propose that the RJ advancement benefits from open-minded policymakers, dedicated academics, and innovative facilitators. The facilitators trained from 2011 to 2012 became key players to spread the RJ practices to other criminal justice sectors and beyond. In addition, the third wave of judicial reform further enabled the embedding of the RJ procedure in the Juvenile Justice Act, the Code of Criminal Justice Procedure, the Prison Act, and the Detention Act. We compare the discourse of RJ advocacy in the east and the west and address the importance of cultural sensitivity, terminology translation, and the meaning of localized practice. In conclusion, we reflect on the existing evaluation reports of the Taiwanese RJ model and provide recommendations for future development.</p></div></div>","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"18 2","pages":"189 - 208"},"PeriodicalIF":1.9,"publicationDate":"2022-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47362111","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Victim Welfare, Social Harmony, and State Interests: Implementing Restorative Justice in Chinese Environmental Criminal Justice","authors":"Jize Jiang, Zhifeng Chen","doi":"10.1007/s11417-022-09376-5","DOIUrl":"10.1007/s11417-022-09376-5","url":null,"abstract":"<div><p>While there have been abundant studies on restorative justice (RJ) in China and across the globe, research has paid scant attention to the increasing incorporation of RJ into the framework of Chinese environmental criminal justice (ECJ) and its mounting prominence in handling ECJ cases. To broaden our understanding of RJ in China, this study empirically examines the forms, functions, and foundations of RJ ideals and practices manifested in contemporary Chinese legal responses to environmental crime. Drawing on various sources of qualitative data, we find that RJ in ECJ uses a state-led-and-coordinated network of community organizations and residents (including groups of environmental victims) to account for victim welfare, offenders’ new responsibilization, and public engagement. Furthermore, we argue, as a peculiar form of law’s responsiveness in the wake of China’s swift transition to modernity, RJ in Chinese ECJ works to reinforce the declining legitimacy of the authoritarian state and enhance decreasing trust in the state’s ability to govern. Implications for better understanding and implementing RJ within the ECJ field are also presented and discussed.</p></div>","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"18 2","pages":"171 - 188"},"PeriodicalIF":1.9,"publicationDate":"2022-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42118681","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Policing Child Protection: Motivational Postures of Contesting Third Parties","authors":"Valerie Braithwaite, Mary Ivec","doi":"10.1007/s11417-022-09374-7","DOIUrl":"10.1007/s11417-022-09374-7","url":null,"abstract":"<div><p>Child protection reform has been difficult, despite evidence that practice should be more child-centred, respectful and responsively inclusive of family and communities. An Australian survey of 387 third parties working with statutory child protection authorities revealed widespread support for reform, but significant opposition to child protection authorities. Only police aligned themselves with child protection authorities. Welfare and family workers were most likely to have defiant postures of resistance and disengagement and to criticize child protection authorities for their bureaucratic ritualism, poor accountability, low trustworthiness and social exclusion. Lawyers and special service providers shared some of these criticisms, while health and educational professionals remained neutral. System reform is likely to grind to a halt when essential third parties are adopting oppositional positions. Principle-led communities of practice that are multidisciplinary and community-inclusive may offer the best hope for cutting through reform gridlock and broadening and deepening capabilities.</p></div>","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"17 4","pages":"425 - 448"},"PeriodicalIF":1.9,"publicationDate":"2022-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://link.springer.com/content/pdf/10.1007/s11417-022-09374-7.pdf","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49014197","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Asian Criminology—Elaborating Its Concepts, Approach, Paradigm, and Future","authors":"Jianhong Liu","doi":"10.1007/s11417-022-09375-6","DOIUrl":"10.1007/s11417-022-09375-6","url":null,"abstract":"<div><h2>Abstract\u0000</h2><div><p>Criminologists have witnessed the significant growth of Asian Criminology since the establishment of the Asian Criminological Society. This paper reviews the development of Asian Criminology to answer key conceptual questions and clarify confusion and misunderstandings and their associated mistaken implications. The paper elaborates on the key concepts, mission, approach, and paradigm of Asian Criminology to further point out special opportunities provided by diverse contexts in Asia to enhance the discipline of criminology. It also discusses the approach for the future growth of criminology in Asia.</p></div></div>","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"17 4","pages":"391 - 399"},"PeriodicalIF":1.9,"publicationDate":"2022-08-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49560435","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Review of Jeffrey T. Martin, Sentiment, Reason, and Law","authors":"Jianhua Xu","doi":"10.1007/s11417-022-09373-8","DOIUrl":"10.1007/s11417-022-09373-8","url":null,"abstract":"","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"17 4","pages":"475 - 476"},"PeriodicalIF":1.9,"publicationDate":"2022-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46813412","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Review of Sarah Brayne, Predict and Surveil: Data, Discretion, and the Future of Policing","authors":"Chen Shi","doi":"10.1007/s11417-022-09372-9","DOIUrl":"10.1007/s11417-022-09372-9","url":null,"abstract":"","PeriodicalId":45526,"journal":{"name":"Asian Journal of Criminology","volume":"17 4","pages":"477 - 478"},"PeriodicalIF":1.9,"publicationDate":"2022-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49257233","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}