Abstract
China seems to have achieved numerical parity between women and men within the judicial profession. However, a more nuanced examination is called for. On the one hand, daily adjudication appears to reflect a potential trend towards feminisation. On the other hand, a gender imbalance persists at the higher leadership levels. This intriguing scenario prompts several critical inquiries into the true equality of women within the judiciary, the roles female judges perform in the legal system, and their influence on gender equality in China’s unique socio-political, legal and cultural landscape, which significantly diverges from that of the rich Northern countries and the rest of the world. This chapter focuses on women judges in mainland China to address these issues. The chapter first examines Chinese judges and key gender dynamics in the judiciary. It then proceeds to explore the concepts of feminisation and femininization in the context of judging. Utilising Acker’s theory of gendered organisations, the chapter goes on to investigate the barriers that prevent women from reaching the highest echelon of the court system – a gendered institution. It concludes that despite the symbolic emphasis on gender equality, gender representation is not prioritised in the judicial setting and gender is not considered within Chinese courts. As long as the current system remains, gender disparities are likely to endure. The chapter highlights the need for an intricate understanding of gender and judging within the specific legal and cultural setting.
| Original language | English |
|---|---|
| Title of host publication | Handbook on Gender and the Legal Profession |
| Publisher | Edward Elgar |
| Publication status | Accepted/In press - 7 Aug 2025 |