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Tip of The Iceberg? An Evaluation of the Non-uploaded Criminal Sentencing Documents in China
Lin, Jieying1; Xia, Yiwei2; Cai, Tianji3
2024-09
Source PublicationAsian Journal of Criminology
ISSN1871-0131
Volume19Issue:3Pages:373-395
Abstract

By utilizing a mixed-method approach that combines a quantitative analysis of 10,183 retrieved records of non-uploaded cases, and a qualitative in-depth interview of ten judges and five judge assistants, the current study investigated the pattern of selective uploading, and explored the possible reasons for non-disclosure. We found that the estimated upload rate based on the number of the uploaded and the non-uploaded cases for criminal cases is higher than that reported by previous studies. In addition, there are considerable variations across the type of crimes, the location of courts, and the year of adjudication regarding the patterns of non-disclosure. The in-depth interviews revealed that there are four common scenarios where a case can be assigned to the “Other” group for the reason of non-disclosure: (1) circumstances involving unconcluded cases; (2) cases containing sensitive information that can be used for illegal purposes; (3) cases that involve specially granted circumstances that lead to a mitigated punishment; or (4) simple technical difficulty.

KeywordChina Criminal Sentence Documents Mixed Method Selective Uploading
DOI10.1007/s11417-024-09434-0
URLView the original
Indexed BySSCI
Language英語English
WOS Research AreaCriminology & Penology
WOS SubjectCriminology & Penology
WOS IDWOS:001281312600001
PublisherPRINGER, VAN GODEWIJCKSTRAAT 30, 3311 GZ DORDRECHT, NETHERLANDS
Scopus ID2-s2.0-85200123403
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Citation statistics
Document TypeJournal article
CollectionFaculty of Social Sciences
DEPARTMENT OF SOCIOLOGY
Corresponding AuthorCai, Tianji
Affiliation1.Faculty of Law, Beijing Normal University, Beijing, China
2.School of Law, Southwestern University of Finance and Economics, Chengdu, China
3.Faculty of Social Science, University of Macau, Macao
Corresponding Author AffilicationUniversity of Macau
Recommended Citation
GB/T 7714
Lin, Jieying,Xia, Yiwei,Cai, Tianji. Tip of The Iceberg? An Evaluation of the Non-uploaded Criminal Sentencing Documents in China[J]. Asian Journal of Criminology, 2024, 19(3), 373-395.
APA Lin, Jieying., Xia, Yiwei., & Cai, Tianji (2024). Tip of The Iceberg? An Evaluation of the Non-uploaded Criminal Sentencing Documents in China. Asian Journal of Criminology, 19(3), 373-395.
MLA Lin, Jieying,et al."Tip of The Iceberg? An Evaluation of the Non-uploaded Criminal Sentencing Documents in China".Asian Journal of Criminology 19.3(2024):373-395.
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