The DOI matches its Crossref record; 70 of the 70 references it cites were found in a registry or an index; none of the 14 sources its claims cite is checked for support yet.
“What He Did Was Lawful”: Divorce Litigation and Gender Inequality inChina
Open accessAbstract
Sociolegal research has shed considerable light on gender inequality in the civil justice system. Existing research, however, rarely looks beyond court proceedings to examine gender inequality stemming from the prior stages in civil litigation. This article fills the gap by addressing the question of whether and how the early moments in disputing produce inequality between women and men. Based on a mixed‐methods study of divorce litigation in C hina, I identify two critical moments in the early stages in disputing: the initiation stage and the suit‐filing stage. Findings from the two stages indicate that, early on in disputing, the legal profession routinely dismisses and violates women's rights in marriage and family. Moreover, due to the legal profession's failure to convert important rights on the books into formal claims, women's marital grievances and rights claims fall through cracks long before they can enter court proceedings. These findings suggest that gender inequality can result not only from judicial decision making, but also from dispute processing conducted prior to—and outside of—court proceedings.
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“When female disputants in the observational sample raised concerns about child custody, half of them were subjected to status-based stereotyping.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE INITIATION STAGE LEGAL WORKERS' RESPONSES TO CLAIMS ON CHILD CUSTODY
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“During the examination of the archival sample, I noticed that plaintiffs and their legal representatives made differing claims before they entered formal court proceedings.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > presents detailed information on the sample.
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“Divert complaint of domestic violence 50.0%”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE INITIATION STAGE LEGAL WORKERS' RESPONSES TO CLAIMS ON CHILD CUSTODY
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“Findings from ethnographic observations indicate that, early on in the course of disputing, legal professionals routinely subject women to gender biases and stereotypes.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > INTRODUCTION
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In the paper
“Archival research on divorce petitions, however, reveals that the legal profession-a key agent of dispute transformation-frequently fails to convert important rights on the books into formal claims.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > INTRODUCTION
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“Normalize spousal abuse 43.8%”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE INITIATION STAGE LEGAL WORKERS' RESPONSES TO CLAIMS ON CHILD CUSTODY
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In the paper
“Upon learning of female disputants' intentions to contend for child custody, legal workers launched various efforts, not to help them realize custodial rights, but to block their attempts at legal mobilization.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE INITIATION STAGE LEGAL WORKERS' RESPONSES TO CLAIMS ON CHILD CUSTODY
plaindirect- Asserted: passes — The authors put it forward as true.
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“Instruct to buy off the spouse 16.7% 11.1%”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE INITIATION STAGE LEGAL WORKERS' RESPONSES TO CLAIMS ON CHILD CUSTODY
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“Instruct to forgo marital property 0% 50.0%”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE INITIATION STAGE LEGAL WORKERS' RESPONSES TO CLAIMS ON CHILD CUSTODY
plaincorrelational- Asserted: passes — The authors put it forward as true.
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In the paper
“Invoke status-based stereotypes 0% 50.0%”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE INITIATION STAGE LEGAL WORKERS' RESPONSES TO CLAIMS ON CHILD CUSTODY
plaincorrelational- Asserted: passes — The authors put it forward as true.
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“At the time of this research, there were a total of six males and only one female on the offices' payroll.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > RESEARCH SITES
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In the paper
“Findings from the two stages indicate that, early on in disputing, the legal profession routinely dismisses and violates women's rights in marriage and family.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > Abstract
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In the paper
“Manipulate interpretation of state law 0% 37.5%”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE INITIATION STAGE LEGAL WORKERS' RESPONSES TO CLAIMS ON CHILD CUSTODY
plaindirect- Asserted: passes — The authors put it forward as true.
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In the paper
“twenty-two out of the sixty interactions involved a disputant demanding child custody and/or support upon divorce.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE INITIATION STAGE LEGAL WORKERS' RESPONSES TO CLAIMS ON CHILD CUSTODY
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In the paper
“Legitimize marital rape 6.3%”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE INITIATION STAGE LEGAL WORKERS' RESPONSES TO CLAIMS ON CHILD CUSTODY
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In the paper
“As Table 2 reveals, eight out of the sixteen interactions witnessed legal workers applying this strategy in response to female disputants' complaints of domestic violence.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > LEGAL WORKERS' RESPONSES TO COMPLAINTS OF DOMESTIC VIOLENCE
plainn = 16- Asserted: passes — The authors put it forward as true.
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In the paper
“Knowing that his opponent had strong ties with the local court, the legal worker backed down and pressured his client to drop claims on child custody.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE INITIATION STAGE LEGAL WORKERS' RESPONSES TO CLAIMS ON CHILD CUSTODY
plaindirectSingle case- Asserted: passes — The authors put it forward as true.
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In the paper
“In all three areas (custody allocation, property division, and redress for domestic violence), it is found that legal workers consistently failed to convert important rights on the books into formal claims.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE SUIT-FILING STAGE
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In the paper
“Reactions to female disputants' queries, however, were often marked by indifference and inaccuracy.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > LEGAL WORKERS' RESPONSES TO CLAIMS ON MARITAL PROPERTY
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In the paper
“As indicated in Table 3, 45.5 percent of the lawsuits in this group did not include a father's request for child custody, while 94.4 percent did not include a husband's claim on marital property.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE SUIT-FILING STAGE
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In the paper
“Among wife-initiated lawsuits, 48.1 percent featured an absence of a mother's demand for child custody, and 84.5 percent failed to include a wife's request for marital property.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE SUIT-FILING STAGE
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In the paper
“In addition to facing legal workers' indifference and inaccuracy, female disputants often found their pursuit of property rights deliberately obstructed.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > LEGAL WORKERS' RESPONSES TO CLAIMS ON MARITAL PROPERTY
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In the paper
“Though sixty women in the archival sample made complaints about domestic violence, in only two cases did legal workers specifically request the abusive spouses to compensate the victims with damages (i.e., nearly 96.7 percent of the sixty lawsuits presented no claims on damages).”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE SUIT-FILING STAGE
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In the paper
“Informal discussions and interviews with legal workers revealed that many viewed a plaintiff's waiver of property rights as an effective strategy to simplify and expedite divorce proceedings.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > LEGAL WORKERS' RESPONSES TO CLAIMS ON MARITAL PROPERTY
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In the paper
“Some blamed victims for having a”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > LEGAL WORKERS' RESPONSES TO COMPLAINTS OF DOMESTIC VIOLENCE
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In the paper
“As indicated in Table 3, 45.5 percent of the lawsuits in this group did not include a father's request for child custody, while 94.4 percent did not include a husband's claim on marital property.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE SUIT-FILING STAGE
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In the paper
“Together, these numbers speak to a distinct pattern of selections in legal workers' claim-making activities: to varying degrees, female disputants' claims on child custody, marital property, and redress for domestic violence were omitted from divorce petitions submitted to the courts.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE SUIT-FILING STAGE
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In the paper
“when asked about male aggression in Chinese families, some in the legal profession denied the severity of the problem outright, a viewpoint contrary to existing evidence.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > LEGAL WORKERS' RESPONSES TO COMPLAINTS OF DOMESTIC VIOLENCE
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In the paper
“By comparison, such treatment was rarely imposed on male disputants (see Table 2).”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > LEGAL WORKERS' RESPONSES TO CLAIMS ON MARITAL PROPERTY
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In the paper
“In two interactions, female disputants were advised to buy off the husband to expedite divorce settlements.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > LEGAL WORKERS' RESPONSES TO CLAIMS ON MARITAL PROPERTY
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In the paper
“The most frequently used strategy was diversion, namely, abruptly shifting the direction of the conversation in order to keep the issue of spousal abuse at arm's length.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > LEGAL WORKERS' RESPONSES TO COMPLAINTS OF DOMESTIC VIOLENCE
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In the paper
“Legitimization, the third strategy, was different in that it enabled legal workers to defend domestic violence in broad daylight.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > LEGAL WORKERS' RESPONSES TO COMPLAINTS OF DOMESTIC VIOLENCE
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In the paper
“When male disputants sought out advice on their property rights, legal workers generally responded with accurate legal opinions.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > LEGAL WORKERS' RESPONSES TO CLAIMS ON MARITAL PROPERTY
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In the paper
“In the observational sample, concerns with property disposition were found in twenty-four out of the sixty face-to-face interactions.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > LEGAL WORKERS' RESPONSES TO CLAIMS ON MARITAL PROPERTY
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“By contrast, none of the male disputants in the sample were exposed to such scrutiny (see Table 2).”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE INITIATION STAGE LEGAL WORKERS' RESPONSES TO CLAIMS ON CHILD CUSTODY
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“as stated before, legal workers' clients in divorce lawsuits were mostly women, not men.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE SUIT-FILING STAGE
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In the paper
“Among wife-initiated lawsuits, 48.1 percent featured an absence of a mother's demand for child custody, and 84.5 percent failed to include a wife's request for marital property.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE SUIT-FILING STAGE
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In the paper
“Instead, legal workers often glossed over women's experiences of domestic violence.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > LEGAL WORKERS' RESPONSES TO COMPLAINTS OF DOMESTIC VIOLENCE
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“This pattern of selective claim making was also found among husbandinitiated lawsuits.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE SUIT-FILING STAGE
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“Rather than unequivocally naming the husband's abusive conduct as an example of domestic violence, the legal worker repeatedly chose words, such as”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > LEGAL WORKERS' RESPONSES TO COMPLAINTS OF DOMESTIC VIOLENCE
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In the paper
“In the observational sample, nine interactions featured legal workers prodding female disputants to forgo marital property upon divorce.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > LEGAL WORKERS' RESPONSES TO CLAIMS ON MARITAL PROPERTY
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In the paper
“As for legal workers' responses to concerns with property disposition, they were once again divided along gender lines.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > LEGAL WORKERS' RESPONSES TO CLAIMS ON MARITAL PROPERTY
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In the paper
“Upon hearing female disputants' complaints of domestic violence, none of the legal workers conducted thorough investigations.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > LEGAL WORKERS' RESPONSES TO COMPLAINTS OF DOMESTIC VIOLENCE
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In the paper
“Among the sixty face-to-face interactions in the observational sample, there were sixteen cases of a female disputant speaking of her sufferings at the hands of the spouse.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > LEGAL WORKERS' RESPONSES TO COMPLAINTS OF DOMESTIC VIOLENCE
plainn = 16- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
A result the paper reports from its own data — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Overall, female disputants expressed more anxieties over property disputes than their male counterparts.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > LEGAL WORKERS' RESPONSES TO CLAIMS ON MARITAL PROPERTY
plaincorrelational- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: unclear — It is unclear whether the paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
A result the paper reports from its own data — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Victim blaming was also invoked to explain the difficulties in building lawsuits against abusive spouses.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > LEGAL WORKERS' RESPONSES TO COMPLAINTS OF DOMESTIC VIOLENCE
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“Yet, the legal worker did not inform the wife of her rights to pursue damages from the abusive husband.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > LEGAL WORKERS' RESPONSES TO COMPLAINTS OF DOMESTIC VIOLENCE
plainSingle case- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
- Rests on an assumption: The Marriage Law stipulates that victims of domestic violence are entitled to damages at the time of divorce.
A result the paper reports from its own data — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“In-depth interviews with legal workers and lawyers further exposed the legal profession's stereotypes about domestic violence.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > LEGAL WORKERS' RESPONSES TO COMPLAINTS OF DOMESTIC VIOLENCE
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
A result the paper reports from its own data — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Total applicable cases | 11 | 79 | 18 | 110 | 0 | 60”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > DISCUSSION
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: unclear — It is unclear whether the paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
A result the paper reports from its own data — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Claim-making absent | 45.5% | 48.1% | 94.4% | 84.5% | | 96.7%”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > DISCUSSION
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
A result the paper reports from its own data — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Claim-making absent | 45.5% | 48.1% | 94.4% | 84.5% | | 96.7%”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > DISCUSSION
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
A result the paper reports from its own data — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Claim-making absent | 45.5% | 48.1% | 94.4% | 84.5% | | 96.7%”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > DISCUSSION
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“As a result, women's marital grievances and rights claims fall through the cracks long before they can enter court proceedings.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > INTRODUCTION
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“In other words, it was chiefly women, not men, who sought out legal assistance for divorce”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > RESEARCH SITES
plaincorrelationaln = 300- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Moreover, due to the legal profession's failure to convert important rights on the books into formal claims, women's marital grievances and rights claims fall through cracks long before they can enter court proceedings.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > Abstract
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“Existing research, however, rarely looks beyond court proceedings to examine gender inequality stemming from the prior stages in civil litigation.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > Abstract
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: unclear — It is unclear why the paper says it holds.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“More precisely speaking, it is during the early struggles over access to justice that women lose significant ground to men, thereby setting the course for their subsequent interactions with the civil justice system.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > INTRODUCTION
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“These findings suggest that gender inequality can result not only from judicial decision making, but also from dispute processing conducted prior to-and outside of-court proceedings.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > Abstract
hedgeddirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“In doing so, they block or even derail women's attempts at legal mobilization.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > INTRODUCTION
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“The persistence of the patrilineal and patrilocal tradition in rural communities, for example, leaves a distinctive mark on the legal profession's attitudes and conduct toward women disputants.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > DISCUSSION
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“As disputing parties enter settlements, there will be a relatively small chance for them to turn to the courts for forcible enforcement.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE INITIATION STAGE LEGAL WORKERS' RESPONSES TO CLAIMS ON CHILD CUSTODY
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: unclear — It is unclear whether the paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
In the paper
“Secondly, China's expanding legal professions have remained dominated by men.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > DISCUSSION
What the sources say
- Not checked — no full text of the sourcecites Michelson 2009 source
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Such pressure, as the example above reveals, often spills over into legal workers' interactions with their clients.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > LEGAL WORKERS' RESPONSES TO CLAIMS ON MARITAL PROPERTY
plaindirectSingle case- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“In that sense, legal workers failed both female and male plaintiffs in their claim-making activities.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE SUIT-FILING STAGE
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
In the paper
“According to this doctrine, a husband cannot be charged with rape of his wife, unless the couple had previously filed for divorce (Criminal Division One of the Supreme People's Court 2001).”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > LEGAL WORKERS' RESPONSES TO COMPLAINTS OF DOMESTIC VIOLENCE
What the sources say
- Not matchedcites Criminal Division One of the Supreme People's Court 2001
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
- Not matched
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“This example illustrates the second strategy-manipulative interpretation of state law-legal workers regularly used in their face-to-face interactions with female disputants.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE INITIATION STAGE LEGAL WORKERS' RESPONSES TO CLAIMS ON CHILD CUSTODY
plainSingle case- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“In other words, it was primarily female disputantsnot male disputants-who disproportionately bore the brunt of legal workers' selective claim making.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE SUIT-FILING STAGE
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Diversion and normalization allowed legal workers to surreptitiously keep victims from voicing their grievances against abusive spouses.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > LEGAL WORKERS' RESPONSES TO COMPLAINTS OF DOMESTIC VIOLENCE
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
In the paper
“Today, women lawyers not only make up a much smaller percentage of the legal profession, but also continue to fall behind their male colleagues in terms of income, promotion, and partnership attainment (Michelson 2009).”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > DISCUSSION
What the sources say
- Not checked — no full text of the sourcecites Michelson 2009 source
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“This gender disparity mirrors a general pattern in divorce law practices in the countryside.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE INITIATION STAGE LEGAL WORKERS' RESPONSES TO CLAIMS ON CHILD CUSTODY
plaincorrelational- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: unclear — It is unclear whether the paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Acutely aware of the importance of family lineage in the rural context, legal workers often align themselves with the patrilineal tradition in their divorce law practices.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE INITIATION STAGE LEGAL WORKERS' RESPONSES TO CLAIMS ON CHILD CUSTODY
plaincorrelational- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
- Rests on an assumption: According to patrilineal tradition in rural China, children, especially sons, should be raised by their biological fathers and carry on family lineage.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Through face-to-face interactions with women disputants early on in disputing, the legal profession serves as a key gatekeeper by recognizing some but not other grievances.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > DISCUSSION
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
In the paper
“Accordingly, local courts have taken various measures to reward judges who boost mediation rates and meanwhile penalize those who fail to do so (Fu and Cullen 2011).”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > LEGAL WORKERS' RESPONSES TO CLAIMS ON MARITAL PROPERTY
What the sources say
- Not matchedcites Fu and Cullen 2011
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
- Not matched
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“As the previous pages illustrate, the legal profession compromises women's rights in marriage and family, in no small part due to its concerns with the gender differences in social status and networking.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > DISCUSSION
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Seen in this light, the persistence of patrilineal and patrilocal tradition in rural China has distinctive effects on legal workers' interactions with female and male disputants.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE INITIATION STAGE LEGAL WORKERS' RESPONSES TO CLAIMS ON CHILD CUSTODY
plaindirectSingle case- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
- Rests on an assumption: According to patrilineal tradition in rural China, children, especially sons, should be raised by their biological fathers and carry on family lineage.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“By exaggerating the difficulties associated with enforcement, the legal worker projected a bleak prospect of the custody battle.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE INITIATION STAGE LEGAL WORKERS' RESPONSES TO CLAIMS ON CHILD CUSTODY
plaindirectSingle case- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Together, these findings suggest that the legal profession's differential treatment of female and male disputants was not limited to the face-to-face interactions (i.e., the initiation stage).”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE SUIT-FILING STAGE
hedged- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
In the paper
“This fixed-fee arrangement creates an incentive for legal workers to value speedy settlements over prolonged adjudications so that they can minimize the time devoted to individual cases, a finding consistent with the studies underscoring the impact of fee structures on disputing strategies (see Kritzer 2001 for a review).”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > LEGAL WORKERS' RESPONSES TO CLAIMS ON MARITAL PROPERTY
What the sources say
- Not matchedcites Kritzer 2001
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
- Rests on an assumption: In divorce cases, legal workers typically charge their clients a fixed amount of fees in advance.
- Not matched
In the paper
“In practice, judges do not have to resort to forcible enforcement, for they have plenty of discretion in their handling of custody battles.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE INITIATION STAGE LEGAL WORKERS' RESPONSES TO CLAIMS ON CHILD CUSTODY
What the sources say
- Not matchedcites He andNg 2013a, 2013b;Huang 2005
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
- Not matched
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“The scarcity of female lawyers and legal workers, together with their lesser-prominent presence in the practice of law, suggests that the legal profession as a whole may experience difficulties in recognizing women's perspectives and experiences in marriage and family.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > DISCUSSION
hedgedconditional- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: unclear — It is unclear whether the paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
- Rests on an assumption: No evidence indicates that female legal workers fare better than women lawyers relative to their male counterparts.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Behind legal workers' differential treatment of women and men's pursuit of custodial rights is the profoundly ingrained patrilineal tradition in rural China.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE INITIATION STAGE LEGAL WORKERS' RESPONSES TO CLAIMS ON CHILD CUSTODY
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
- Rests on an assumption: According to patrilineal tradition in rural China, children, especially sons, should be raised by their biological fathers and carry on family lineage.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Such a calculation is intimately tied to the legal profession's fee arrangements.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > LEGAL WORKERS' RESPONSES TO CLAIMS ON MARITAL PROPERTY
plaincorrelational- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Rather, such treatment gained entry into the legal profession's claim-making activities on behalf of marital disputants (i.e., the suit-filing stage)”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE SUIT-FILING STAGE
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“I also argue that the legal profession plays a crucial role in shaping women's experiences of legal mobilization.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > DISCUSSION
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Moreover, through selective claim-making activities on behalf of women disputants, the legal profession channels some claims into formal court proceedings while dismissing other important rights on the books.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > DISCUSSION
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Within this institutional context, judges are under considerable pressure to push for mediation and settlements.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > LEGAL WORKERS' RESPONSES TO CLAIMS ON MARITAL PROPERTY
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“By identifying gender disparities stemming from these two stages, I argue that gender inequality can flow not only from judicial decision making, but also from the prior steps conducted outside of the courtroom.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > DISCUSSION
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“In other words, only in worst-case scenarios will the courts consider physical force to execute rulings on child custody.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE INITIATION STAGE LEGAL WORKERS' RESPONSES TO CLAIMS ON CHILD CUSTODY
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: unclear — It is unclear whether the paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Over the past decade, the court system's renewed emphasis on mediation over adjudication has further reinforced the legal profession's preference for speedy settlements.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > LEGAL WORKERS' RESPONSES TO CLAIMS ON MARITAL PROPERTY
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
- Rests on an assumption: Since the second term of Xiao Yang (2004-2008), Chinese courts have introduced a series of judicial interpretations to steer judges toward dispute settlements through court-based mediation.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“In short, by leaving women's marital grievances and rights claims out of divorce petitions, legal workers restricted the scope of the court system's intervention in marital disputes.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE SUIT-FILING STAGE
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
In the paper
“Recent studies of Chinese courts indicate that judges routinely exercise formal and informal influences on disputing parties in order to facilitate divorce settlements, thereby bypassing formal trials (He andNg 2013a, 2013b;Huang 2005).”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE INITIATION STAGE LEGAL WORKERS' RESPONSES TO CLAIMS ON CHILD CUSTODY
What the sources say
- Not matchedcites He andNg 2013a, 2013b;Huang 2005
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
hedgeddirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: unclear — It is unclear whether the paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
- Not matched
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“These accounts flatly negated the reality that women disputants often went to great lengths to seek legal assistance for their victimization.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > LEGAL WORKERS' RESPONSES TO COMPLAINTS OF DOMESTIC VIOLENCE
boosted- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“The gender differences in social networking can have serious consequences for disputing and litigation: in view of the husband's strong ties with the local court, the legal worker readjusted his disputing strategies by urging the wife to give up child custody.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE INITIATION STAGE LEGAL WORKERS' RESPONSES TO CLAIMS ON CHILD CUSTODY
plaindirectSingle case- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Such a practice, however, had serious consequences for female disputants.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE SUIT-FILING STAGE
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“and thereby rendered subsequent court proceedings more conducive to unequal litigation outcomes between women and men.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE SUIT-FILING STAGE
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Within this context, there are few institutionalized incentives for the legal profession to advocate for women's rights and empowerment.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > DISCUSSION
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
What the paper did — it cites no source for this, so there is none to check. The quote shows it is in the paper.
In the paper
“This research design imposes certain limitations by not having truly longitudinal data.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > DISCUSSION
plainn = 2- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Legislative stasis, combined with a lack of institutionalized incentives to promote women's empowerment, leaves the court system and the legal profession little motivation to fight for victims of domestic violence.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > DISCUSSION
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
- Rests on an assumption: China still does not recognize marital rape in its national laws.
- Rests on an assumption: Neither the Marriage Law nor related judicial interpretations provide clear guidelines for assessing evidence related to domestic violence, evaluating victimization, or allocating damages.
In the paper
“Virtually all empirical studies conducted over the past three decades find that it is women, not men, who initiate the vast majority of divorce lawsuits in China (see Xu 2007 for a review).”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > DISCUSSION
What the sources say
- Not matchedcites Xu 2007
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
boostedcorrelational- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
- Not matched
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Additionally, this study's analysis can be generalized beyond the case of divorce litigation in rural China.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > DISCUSSION
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
In the paper
“Existing legislation and judicial interpretations have fallen short of addressing these issues satisfactorily (Li and Friedman 2015).”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > DISCUSSION
What the sources say
- Not matchedcites Li and Friedman 2015
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
- Not matched
What the paper did — it cites no source for this, so there is none to check. The quote shows it is in the paper.
In the paper
“As I did not track the same group of women throughout disputing and litigation-a process that would take many years to unfold-I could not make any causal claims about my findings from different stages in divorce proceedings.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > DISCUSSION
plainn = 2- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
What the paper did — it cites no source for this, so there is none to check. The quote shows it is in the paper.
In the paper
“Consequently, this study does not allow me to specify the causal linkage among the initiation stage, the suit-filing stage, and litigation outcomes.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > DISCUSSION
plainn = 2- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Last but not least, legislative stasis over the past decade has further reinforced women's disadvantageous positions in the official justice system.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > DISCUSSION
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
- Rests on an assumption: China still does not recognize marital rape in its national laws.
- Rests on an assumption: Neither the Marriage Law nor related judicial interpretations provide clear guidelines for assessing evidence related to domestic violence, evaluating victimization, or allocating damages.
- It may state two separate claims as one. 19
- Probably not a substantial claim. 16
- The quote only partly states this claim. 1
The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“Between 2005 and 2009, it processed nearly 300 cases, and more than half were related to divorce.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > RESEARCH SITES
plainn = 300- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: unclear — It is unclear whether the paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
A result the paper reports from its own data — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“while female disputants were frequently subjected to overt or covert obstruction from legal workers, male disputants rarely encountered similar impediments to their pursuit of child custody.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE INITIATION STAGE LEGAL WORKERS' RESPONSES TO CLAIMS ON CHILD CUSTODY
plaincorrelational- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“I identify two critical moments in the early stages in disputing: the initiation stage and the suit-filing stage.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > Abstract
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim.
A result the paper reports from its own data — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Over 70 percent of these divorce cases involved a female disputant seeking legal assistance-only 20 percent or so concerned a male disputant pursuing similar services.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > RESEARCH SITES
plainn = 300- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
A result the paper reports from its own data — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Two strategies deployed by legal workers warrant close scrutiny: status-based stereotyping and manipulative interpretation of state law.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE INITIATION STAGE LEGAL WORKERS' RESPONSES TO CLAIMS ON CHILD CUSTODY
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“In the county where Guxiao and Xiqing were located, there were a total of thirty-one legal workers, and merely six were female.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > RESEARCH SITES
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: unclear — It is unclear whether the paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
A result the paper reports from its own data — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Among the twenty-four interactions, eighteen saw a wife raising questions about property and/or debt, and six witnessed a husband or in-laws voicing concerns in this regard.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > LEGAL WORKERS' RESPONSES TO CLAIMS ON MARITAL PROPERTY
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“In the end, the wife walked away from the meeting with the impression that the husband's conduct was entirely”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > LEGAL WORKERS' RESPONSES TO COMPLAINTS OF DOMESTIC VIOLENCE
plainSingle case- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. It may state two separate claims as one. The quote only partly states this claim.
A result the paper reports from its own data — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Legal worker: Well, [in that case] what he did was lawful.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > LEGAL WORKERS' RESPONSES TO COMPLAINTS OF DOMESTIC VIOLENCE
plainSingle case- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim.
The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“In the end, the woman lost custody of both children to the husband.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE INITIATION STAGE LEGAL WORKERS' RESPONSES TO CLAIMS ON CHILD CUSTODY
plainSingle case- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: fails — The paper’s conclusions may not depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. The paper’s conclusions may not depend on it.
The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“Again and again, he tried to drive home the same message: custodial rights, as part of the”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE INITIATION STAGE LEGAL WORKERS' RESPONSES TO CLAIMS ON CHILD CUSTODY
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim.
The paper states this without a source or data behind it here, so there is nothing to check it against. The quote shows it is in the paper.
In the paper
“What further tipped the playing field was the fact that the husband's lawyer had close ties with the local court (he came from a law firm whose founder happened to be the father of a judge).”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE INITIATION STAGE LEGAL WORKERS' RESPONSES TO CLAIMS ON CHILD CUSTODY
plainSingle case- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: fails — The paper’s conclusions may not depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. The paper’s conclusions may not depend on it. It may state two separate claims as one.
A result the paper reports from its own data — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“No advice was given to the women with regard to evidence collection, and no information was provided to inform them of their rights as victims of domestic violence, despite the Marriage Law's express stipulation on this matter.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > LEGAL WORKERS' RESPONSES TO COMPLAINTS OF DOMESTIC VIOLENCE
plainn = 16- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
A result the paper reports from its own data — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Toward the end of the meeting, the legal worker instructed the disputant to gather evidence, not to establish her legal status as a victim, but to merely prove that she did not get along with the husband.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > LEGAL WORKERS' RESPONSES TO COMPLAINTS OF DOMESTIC VIOLENCE
plainSingle case- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
A result the paper reports from its own data — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Table 2 shows that this strategy was exclusively imposed on female disputants but not on male disputants.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE INITIATION STAGE LEGAL WORKERS' RESPONSES TO CLAIMS ON CHILD CUSTODY
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
In the paper
“Nationwide, despite women's increasing entry into the practice of law over the past decade, they make up only a small percentage of the various legal professions (Liu 2013).”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > RESEARCH SITES
What the sources say
- Not checked — no full text of the sourcecites Liu 2013 source
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: fails — The paper’s conclusions may not depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. The paper’s conclusions may not depend on it.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“by differently shaping women and men's perceptions of grievances, by remaking or unmaking their rights claims-and more fundamentally, by channeling some but not other grievances into court proceedings-legal professionals exercise great power in determining law's limits in engineering egalitarian social changes.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > INTRODUCTION
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
What the paper did — it cites no source for this, so there is none to check. The quote shows it is in the paper.
In the paper
“After entering archival records, field notes, and interview transcripts into NVivo, I coded and recoded the three sources of data, consistently searching for gender-based themes and patterns.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > IN-DEPTH INTERVIEWS
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: fails — The paper’s conclusions may not depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. The paper’s conclusions may not depend on it.
What the paper did — it cites no source for this, so there is none to check. The quote shows it is in the paper.
In the paper
“The semipublic nature of the setting, together with my status as a native Chinese speaker, rendered my observations of the face-to-face interactions between legal workers and marital disputants much less obtrusive than they otherwise might have been.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > ETHNOGRAPHIC OBSERVATIONS
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: fails — The paper’s conclusions may not depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. The paper’s conclusions may not depend on it.
In the paper
“As Landon (1990) argued, for those who practice law in rural contexts, community characteristics often serve as the prior and fundamental source of structuring for their disputing strategies.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE INITIATION STAGE LEGAL WORKERS' RESPONSES TO CLAIMS ON CHILD CUSTODY
What the sources say
- Not matchedcites Landon (1990)
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: fails — The paper’s conclusions may not depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. The paper’s conclusions may not depend on it.
- Not matched
In the paper
“Existing laws remain unclear whether or not the court system can forcefully enforce its rulings on child custody, and judges continue to debate the issue (Li 2013;Zhang 2013;Liu 2010).”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE INITIATION STAGE LEGAL WORKERS' RESPONSES TO CLAIMS ON CHILD CUSTODY
What the sources say
- Not matchedcites Li 2013;Zhang 2013;Liu 2010
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
- Not matched
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Consequently, legal mobilization leaves women's custodial, property, and spousal rights partially or entirely unrealized and the state's promise of gender equality unfulfilled.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > DISCUSSION
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
In the paper
“Today, women lawyers not only make up a much smaller percentage of the legal profession, but also continue to fall behind their male colleagues in terms of income, promotion, and partnership attainment (Michelson 2009).”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > DISCUSSION
What the sources say
- Not checked — no full text of the sourcecites Michelson 2009 source
plaincorrelational- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: unclear — It is unclear whether the paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Had the legal worker conducted a more careful investigation of the situation, the female villager might have received very different legal opinions.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > LEGAL WORKERS' RESPONSES TO CLAIMS ON MARITAL PROPERTY
hedgedconditionalSingle case- Asserted: passes — The authors put it forward as true.
- Checkable: fails — It may be too vague to check against evidence.
- Load-bearing: fails — The paper’s conclusions may not depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. It may be too vague to check against evidence. The paper’s conclusions may not depend on it.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“Seen from this perspective, if the plaintiff-more often than not the wife-relinquished property claims, the defendant would be more likely to cooperate in divorce proceedings, thereby paving the way for subsequent settlements.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > LEGAL WORKERS' RESPONSES TO CLAIMS ON MARITAL PROPERTY
hedgeddirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“In doing so, legal workers simplified subsequent court proceedings and, in turn, reduced the time and energy invested in individual cases.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > GENDER DISPARITIES AT THE SUIT-FILING STAGE
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: fails — The paper’s conclusions may not depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. The paper’s conclusions may not depend on it. It may state two separate claims as one.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“By asserting control over their main clientele (i.e., wife-plaintiffs) and by keeping clients' property claims out of divorce proceedings, legal workers not only minimize their time investment, but also facilitate judges to reach divorce settlements-an important effort to remain on good terms with institutional insiders.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > LEGAL WORKERS' RESPONSES TO CLAIMS ON MARITAL PROPERTY
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: passes — The paper gives a reason why it holds.
It may state two separate claims as one.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“First of all, due to their disadvantageous positions at home and in the community, female disputants tend to have weaker social ties and less political power, and are thereby less effective in legal mobilization than their male counterparts.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > DISCUSSION
plaindirect- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: unclear — It is unclear why the paper says it holds.
It may state two separate claims as one.
In the paper
“According to China Institute of Applied Jurisprudence of the Supreme People's Court (2008), 29.7 to 35.7 percent of Chinese families suffer from domestic violence, and over 90 percent of the victims are women.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > DISCUSSION
What the sources say
- Not matchedcites China Institute of Applied Jurisprudence of the Supreme People's Court (2008)
Couldn’t be matched to a paper in Crossref, so it can’t be checked.
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: fails — The paper’s conclusions may not depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. The paper’s conclusions may not depend on it. It may state two separate claims as one.
- Not matched
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“After all, the initiation stage and the suitfiling stage identified by this study can be found in civil litigation in other cultural contexts.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > DISCUSSION
plain- Asserted: passes — The authors put it forward as true.
- Checkable: passes — It can be checked against evidence.
- Load-bearing: passes — The paper’s conclusions depend on it.
- Based: fails — The paper may give no reason why it holds.
Probably not a substantial claim. The paper may give no reason why it holds.
A conclusion the paper draws from its own results — it cites no other source for it, so there is none to check. The quote shows it is in the paper.
In the paper
“This study represents a first step toward a more complete understanding of women's interactions with the civil justice system.”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > DISCUSSION
plainn = 2- Asserted: passes — The authors put it forward as true.
- Checkable: fails — It may be too vague to check against evidence.
- Load-bearing: fails — The paper’s conclusions may not depend on it.
- Based: passes — The paper gives a reason why it holds.
Probably not a substantial claim. It may be too vague to check against evidence. The paper’s conclusions may not depend on it.
- Rests on an assumption: Survey research conducted in Western countries and in China provides little information about gender differences in access to justice, because much of it has been collected at the household level.
The paper relies on this without support.
The 60 face-to-face interactions in the observational sample are representative of legal workers' interactions with rural disputants in Guxiao and Xiqing.
“I did so by observing and recording a sample of sixty face-to-face interactions (hereafter referred to as the observational sample): forty centered on legal workers' meetings with female disputants and the other twenty with male disputants.”
The paper relies on this without support.
The 171 divorce lawsuits in the archival sample are representative of divorce litigation in the two townships.
“After clearing incomplete case records, I formed a sample of 171 divorce lawsuits (hereafter referred to as the archival sample).”
The paper relies on this without support.
Legal workers' claim-making in the sampled divorce petitions reflects the legal profession's claim-making activities more broadly.
“To this intent, I reviewed divorce petitions legal workers submitted to the courts, with a particular focus on their claim making regarding child custody, property division, and domestic violence-the most typically contested issues in divorce lawsuits.”
The paper relies on this without support.
Gender disparities in legal workers' responses are due to gender bias rather than other factors such as case characteristics or client behavior.
“Using ethnographic examples retrieved from the observational sample, this section demonstrates how gender disparities emerged from divorcing women and men's initial encounters with the legal profession.”
The paper relies on this without support.
The semipublic setting did not substantially alter legal workers' behavior during observed interactions.
“The semipublic nature of the setting, together with my status as a native Chinese speaker, rendered my observations of the face-to-face interactions between legal workers and marital disputants much less obtrusive than they otherwise might have been.”
The paper relies on this without support.
The two townships Guxiao and Xiqing are representative of rural China for the purpose of generalizing about divorce litigation and gender inequality.
“With the backdrop described above in mind, I conducted a mixed-methods study of divorce litigation in two townships in southwest China: Guxiao and Xiqing (the names are pseudonyms).”
The paper relies on this without support.
The legal workers' office records are complete and accurate.
“This effort grew into a systematic examination of all the 211 divorce case records I could find in this office.”
The paper relies on this without support.
According to patrilineal tradition in rural China, children, especially sons, should be raised by their biological fathers and carry on family lineage.
“According to this tradition, children, and especially sons, should be raised by their biological fathers and, in turn, carry on family lineage.”
The paper relies on this without support.
In divorce cases, legal workers typically charge their clients a fixed amount of fees in advance.
“In divorce cases, legal workers typically charge their clients a fixed amount of fees in advance.”
The paper relies on this without support.
Since the second term of Xiao Yang (2004-2008), Chinese courts have introduced a series of judicial interpretations to steer judges toward dispute settlements through court-based mediation.
“Since the second term of Xiao Yang (2004)(2005)(2006)(2007)(2008), the then president of the Supreme People's Court, Chinese courts have introduced a series of judicial interpretations to steer judges toward dispute settlements through court-based mediation.”
The paper relies on this without support.
The Marriage Law stipulates that victims of domestic violence are entitled to damages at the time of divorce.
“The Marriage Law clearly stipulates that victims of domestic violence are entitled to damages at the time of divorce.”
The paper relies on this without support.
China still does not recognize marital rape in its national laws.
“To date, China still does not recognize marital rape in its national laws.”
The paper relies on this without support.
Neither the Marriage Law nor related judicial interpretations provide clear guidelines for assessing evidence related to domestic violence, evaluating victimization, or allocating damages.
“For example, neither the Marriage Law nor related judicial interpretations provide clear guidelines for assessing evidence related to domestic violence, evaluating victimization, or allocating damages.”
The paper relies on this without support.
No evidence indicates that female legal workers fare better than women lawyers relative to their male counterparts.
“So far, no evidence indicates that female legal workers fare better than women lawyers relative to their male counterparts.”
The paper relies on this without support.
Survey research conducted in Western countries and in China provides little information about gender differences in access to justice, because much of it has been collected at the household level.
“Currently, survey research conducted in Western countries and in China provides little information about gender differences in access to justice, because much of it has been collected at the household level.”
The paper relies on this without support.
In the context of divorce litigation, the only exception to the general rule that courts can skip rulings over matters not claimed is allocation of child custody.
“In the context of divorce litigation, the only exception to this general rule is allocation of child custody.”
Self-check
Percentages, sums and reported differences re-computed from the paper’s own numbers.
Each contradiction between two passages listed here was confirmed by an independent check.
Rated minor: it would not touch a result — a value no result rests on, a p-value that stays on the same side of the significance level, or a conflict that is clerical, resolved elsewhere in the paper, or outside its own findings.
In the paper
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > WOMEN'S INTERACTIONS WITH THE CIVIL JUSTICE SYSTEM
“family disputes have become the leading cause for Chinese citizens to seek out legal assistance”
§ "What He Did Was Lawful": Divorce Litigation and Gender Inequality in China > DISCUSSION
“By the end of 2009, family disputes became the second largest category in which individual citizens use legal services for their grievances and claims (Chinese Yearbook of Lawyers 2009).”
Citations
Cites
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The Emergence and Transformation of Disputes: Naming, Blaming, Claiming . . .
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From Sex Roles to Gendered Institutions
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A Re-Evaluation of the Economic Consequences of Divorce
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Research works printed but not linked: 12
- Alford William P., 2003, Ideas of Freedom in the Chinese World
- China Institute of Applied Jurisprudence of the Supreme People's Court, 2008, Guidelines for Rulings over Cases Involving Domestic Violence
- Criminal Division One of the Supreme People's Court, 2001, Criminal Trial Guide
- Huang Philip C. C., 2008, Quzheng Chenxu de Gaige: Lihunfa de Heli yu bu Heli Shijian [Reform of Evidence Procedures: the Reasonable and Unreasonable Practices of Divorce Law], Zhengfa Luntan, 26, 3
- Li Haiwei, 2009, Chinese Yearbook of Lawyers
- Li Ke, 2015, Domestic Tensions, National Anxieties: Global Perspectives on Modern Marriage Crises
- Liu Xiaonan, 2009, A Study of Chinese Women in Legal Education and Law Firms, Journal of Chinese Legal Studies, 75, 132
- Schafran Lynn Hecht, 1987, Documenting Gender Bias in the Courts: The Task Force Approach, Judicature, 70, 280
- Wang Yaping, 2009, China Social Statistical Yearbook
- Xu Anqi, 2007, A Discussion of Divorce, Women's Staus, and Rights, Zhejiang Journal, 1, 198
- Zhu Geping, 2011, The Law Yearbook of China
- Zhu Jingwen, 2008, An Analysis of the Professionalization of Chinese Legal Workers: the Tendencies, Problems, and Solutions, Legal Studies, 5, 23
Cited by
Sorted by citations
Decoupling: Marital Violence and the Struggle to Divorce in China
Michelson, E. (2018) · American Journal of Sociology · doi:10.1086/705747 · Cited by 56
Relational legal consciousness in the one-child nation
Liu, Q. (2023) · Law & Society Review · doi:10.1111/lasr.12649 · Cited by 36
Jiang, J. (2019) · International Journal of Law Policy and the Family · doi:10.1093/lawfam/ebz004 · Cited by 32
A “Phoenix” rising from the ashes: China’s Tongqi, marriage fraud, and resistance
Tsang, E. Y.-H. (2021) · British Journal of Sociology · doi:10.1111/1468-4446.12812 · Cited by 31
Correlates of Chinese Police Officer Decision-Making in Cases of Domestic Violence
Wang, X., Hayes, B. E., & Zhang, H. (2019) · Crime & Delinquency · doi:10.1177/0011128719850502 · Cited by 31
“Since then, DV has gained increasing recognition in China from the public, government, media, and scholars (Cao et al., 2014; Howell, 2005; Leung, 2014; Li, 2015; Sun et al., 2012).”
Background
Metadata
- Authors
- Li, K.
- Affiliations
- Indiana University (US)
- Corresponding author
- Li, Ke
- ORCID
- Li, Ke
- Venue
- Law & Policy
- Publisher
- Wiley
- Published
- 2015-06-09
- Volume
- 37
- Issue
- 3
- Pages
- 153-179
- ISSN
- 0265-8240 (ISSN-L)
- 1467-9930
- OpenAlex
- W3125682056
- Semantic Scholar
- 2e119f5bfd22c339783607f13d7202f2e80f3fe6
- Cited by
- 37
- References
- 64
- Citations by year
- 2025: 2 · 2024: 21 · 2023: 2 · 2021: 3 · 2020: 2 · 2019: 2 · 2018: 1 · 2017: 1 · 2016: 3
- FWCI
- 3.89
- Type
- journal article
- Language
- en
- Open access
- bronze
- doi.org
- Locations
- Law & Policy (publishedVersion)
- Funders
- National Science Foundation (0960759)
- Social Science Research Council
- Chiang Ching-kuo Foundation for International Scholarly Exchange
- China Times Cultural Foundation
- Topics
- Social Sciences › Gender Studies › Feminism, Gender, and Sexuality Studies
- Social Sciences › Law › Family and Matrimonial Law
- Social Sciences › Law › Discrimination and Equality Law
- Keywords
- divorce proceedings, gender inequality, women's rights, civil justice system, legal profession, marital rights, family law, dispute initiation
About these checks
Registry, retraction, Cites and statistics results are computed, not judged, with one exception: a printed reference that no index lists is read once by a model before it counts as a citation error. Claims are extracted by a model and kept only when their quote appears verbatim in the text; each cited source is then checked, with a model’s help, for whether it says what the claim relies on. Those verdicts can be wrong — read the claim’s quote and the cited source before relying on one.
A language model drew the claims from the paper on 2026-10-11, under version 3 of the claim definition (model deepseek-v4.1-flash, prompt extract-v3).
A second model labelled each claim on 2026-10-11 (model jev-1.13-20260917, definition revision gold-guideline-v0.2).
Statistics and arithmetic are recomputed, not judged.
Confidence bands are shown only for fields calibrated on our annotated test set. None is calibrated yet, so no band is shown.
What counts as a claim ›How we measure confidence ›How we check this ›
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