Tip of The Iceberg? An Evaluation of the Non-uploaded Criminal Sentencing Documents in China

IF 1.8 4区社会学 Q2 CRIMINOLOGY & PENOLOGY Asian Journal of Criminology Pub Date : 2024-07-31 DOI:10.1007/s11417-024-09434-0

Jieying Lin, Yiwei Xia, Tianji Cai

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Abstract

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

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冰山一角？对中国非上传刑事判决文件的评估

通过对 10,183 份未上传案件的检索记录进行定量分析，以及对 10 名法官和 5 名法官助理进行定性深入访谈的混合方法，本研究调查了选择性上传的模式，并探讨了未披露的可能原因。我们发现，根据已上传和未上传的刑事案件数量估算出的上传率高于以往研究的报告。此外，不同类型的犯罪、不同地点的法院和不同年份的判决在不披露模式方面也存在很大差异。通过深入访谈发现，有四种常见的情况会导致案件因不公开而被归入 "其他 "组：（1）涉及未审结案件的情况；（2）案件中包含可被用于非法目的的敏感信息；（3）涉及特别准予从轻处罚情节的案件；或（4）简单的技术难题。

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来源期刊

Asian Journal of Criminology CRIMINOLOGY & PENOLOGY-

CiteScore

3.00

自引率

10.50%

发文量

期刊介绍： Electronic submission now possible! Please see the Instructions for Authors. For general information about this new journal please contact the publisher at [welmoed.spahr@springer.com] The Asian Journal of Criminology aims to advance the study of criminology and criminal justice in Asia, to promote evidence-based public policy in crime prevention, and to promote comparative studies about crime and criminal justice. The Journal provides a platform for criminologists, policymakers, and practitioners and welcomes manuscripts relating to crime, crime prevention, criminal law, medico-legal topics and the administration of criminal justice in Asian countries. The Journal especially encourages theoretical and methodological papers with an emphasis on evidence-based, empirical research addressing crime in Asian contexts. It seeks to publish research arising from a broad variety of methodological traditions, including quantitative, qualitative, historical, and comparative methods. The Journal fosters a multi-disciplinary focus and welcomes manuscripts from a variety of disciplines, including criminology, criminal justice, law, sociology, psychology, forensic science, social work, urban studies, history, and geography.