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Advocating for Better Legal Protection Against Domestic Violence in the People’S Republic of China (PRC)

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Advocating for Better Legal Protection Against Domestic Violence in the People’S Republic of China (PRC) Advocating for better legal protection against domestic violence in the People’s Republic of China (PRC), 1995–2012 A case study of the Center for Women’s Law Studies and Legal Services at Peking University Von der Fakultät für Gesellschaftswissenschaften der Universität Duisburg-Essen zur Erlangung des akademischen Grades Dr. rer. pol genehmigte Dissertation von Bräuer, Marion Stephanie aus München 1. Gutachter: Prof. Dr. Thomas Heberer 2. Gutachter: Prof. Dr. Bettina Gransow Tag der Disputation: 04.02.2019 Outline Outline ........................................................................................................................................ 2 Table of Figures .......................................................................................................................... 4 Abbreviations ............................................................................................................................. 6 1. Introduction: Bottom-up advocacy for a better legal protection against domestic violence in China ....................................................................................................................................... 8 1.1. Domestic violence in the PRC: An urgent problem ......................................................... 8 1.2. DV as an indicator of gender equality ............................................................................. 8 1.3. Gender equality in the PRC ............................................................................................. 9 1.4. The Chinese party-state’s stance on DV.......................................................................... 9 1.5. Bottom-up social advocates for better legal protection against DV ............................ 10 1.6. Bottom-up social advocates in an authoritarian context ............................................. 11 1.7. Navigating difficult context conditions effectively? Bottom-up organized social advocacy for better legal protection against DV ................................................................. 11 1.8. Inquiry alongside five dimensions: Overarching research interests and questions ..... 12 1.9. Outline of the study....................................................................................................... 14 2. Theoretical framework ......................................................................................................... 16 2.1. Relevant theoretical debates ........................................................................................ 16 2.2. Underlying theoretical paradigms: Institutional change and the agent–structure problem ................................................................................................................................ 27 2.3. Synthesized concept: Opportunity structure framework substantiated with an organizational analysis ......................................................................................................... 30 3. Methodology ........................................................................................................................ 60 3.1. Case study design .......................................................................................................... 60 3.2. Research instruments .................................................................................................... 64 3.3. Problems regarding field research and interview conduct ........................................... 68 3.4. Data analysis .................................................................................................................. 71 4. Advocacy in a double-adverse context ................................................................................ 75 4.1. Institutional arrangements for bottom-up social organizing: both conducive and restrictive .............................................................................................................................. 75 4.2. An ambiguous institutional arrangement governing gender relations ........................ 90 4.3. Domestic violence and institutional arrangements regulating it ............................... 106 4.4. A double-adverse institutional context for the Center’s advocacy for better legal protection against DV? ....................................................................................................... 120 2 5. The Center and its development within a subjective opportunity structure .................... 124 5.1. Overview of the Center: A legal advocacy organization protecting women’s rights and enhancing gender equality ................................................................................................. 124 5.2. The Center’s opportunity structure and development during the startup phase (1995– 2001) ................................................................................................................................... 128 5.3. The Center’s opportunity structure and development during its stabilization and expansion phase (2000–2010) ........................................................................................... 136 5.4. The Center’s deterioration and reorientation since 2010 .......................................... 149 5.5. Conclusions: advocacy for better legal protection in an ambiguous institutional context? .............................................................................................................................. 160 6. The Center and its advocacy for better legal protection against DV ................................. 164 6.1. The Center and its environment: organizational identity ........................................... 164 6.2. The Center’s structure and organization .................................................................... 174 6.3. The Center’s members and their interaction .............................................................. 203 6.4. The Center and its output: its advocacy ...................................................................... 238 6.5. The Center’s gender regime ........................................................................................ 255 6.6. Conclusions .................................................................................................................. 262 7. Findings: Effective advocacy for better legal protection against domestic violence? ....... 265 7.1. Not so different: External and internal challenges for institutional change advocated by bottom-up social organizing .......................................................................................... 267 7.2. Gender arrangements: An underestimated challenge to gender equality advocacy . 276 7.3. Connecting the case study to current developments in state-society relations: Gender rights advocacy under Xi Jinping ........................................................................................ 283 7.4. Limitations of the opportunity structure framework and possible solutions ............. 292 8. Appendix ............................................................................................................................. 295 8.1. Table of cited interviews ............................................................................................. 295 8.2. Dimensions of the interview guide ............................................................................. 298 8.3. Participant observation ............................................................................................... 300 8.4. Schedule and participation list of the research conference on Women Worker's Labor Rights Protection, December 4, 2011 ................................................................................ 301 8.5. Legal recommendation basing on the DV death case of Dong Shanshan .................. 304 8.6. Transcripts of the cited interviews .............................................................................. 309 Publication bibliography ......................................................................................................... 310 3 Table of Figures Figure 2.1: The Center’s advocacy process for better legal protection against DV…………......56 Figure 3.1: Analytical categories substantiating the conceptual framework………………………..72 Figure 3.2: Analytical process………………………………………………………………………………………………73 Figure 4.1: Conduciveness and restrictiveness of the institutional arrangements governing bottom-up social organizing (political dimension)……………………………………………………………….88 Figure 4.2: Conduciveness and restrictiveness of the institutional arrangement regarding improvements for gender equality…………………………………………………………………………………….105 Table 4.1: Chronology of institutional protection against DV, 2000–2016…………………………115 Figure 4.3: Conduciveness and restrictiveness of the institutional arrangements for improvements of the legal protection against DV……………………………………………………………..119 Figure 4.4: Conduciveness and restrictiveness of the institutional arrangements for bottom- up social organizing, gender equality and legal protection against DV improvements……….121 Figure 5.1: Conduciveness and restrictiveness of the subjective institutional arrangements regulating bottom-up social organizing (blue line), and gender relations and DV (red line), between 1995 and 2000……………………………………………………………………………………………………135 Figure 5.2: Conduciveness and restrictiveness of the subjective institutional arrangements regulating bottom-up social organizing (blue line), and gender relations and DV (red line),
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