Abstract
This article examines the trafficking of women through a restorative justice lens, using a case study from China, to explore the complex realities of human trafficking for forced marriage. It analyses how current criminal justice policies and practices address this longstanding social ill, the search for innovative responses alongside conventional legal interventions, and the structural and ideological constraints that limit the development of restorative justice practices. The findings reveal that, while trafficking in women remains a persistent issue, official responses beyond the criminal justice system remain limited. Recent policy trends emphasising a balance between leniency and severity have not displaced the predominance of punitive approaches. While restorative programmes are readily applied to juvenile offenders, minor infractions or ‘victimless’ offences, their extension to serious and sensitive crimes – such as trafficking in women which carries harsh penalties, including capital punishment – is highly restricted. Drawing on insights from a jurisdiction where justice models are profoundly shaped by distinctive political, cultural and institutional nuances, the article contributes to scholarly debates at the intersection of human trafficking, gender-based violence and restorative justice.
| Original language | English |
|---|---|
| Pages (from-to) | 29-50 |
| Number of pages | 22 |
| Journal | The Journal of Criminal Law |
| Volume | 90 |
| Issue number | 1 |
| Early online date | 28 Jan 2026 |
| DOIs | |
| Publication status | Published - 1 Feb 2026 |
UN SDGs
This output contributes to the following UN Sustainable Development Goals (SDGs)
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SDG 5 Gender Equality
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SDG 8 Decent Work and Economic Growth
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SDG 16 Peace, Justice and Strong Institutions
Keywords
- trafficking in women
- restorative justice
- gender-based violence
- criminal justice
- China
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