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Rethinking the Factors Affecting the Prohibition and Prevention of Torture in China—A Qualitative Comparative Analysis †
Hai, Mingming
2023-04-23
Source PublicationSocial Sciences
ISSN2076-0760
Volume12Issue:5Pages:257
Abstract

As China continues to intensify its judicial reform efforts, there are multiple factors that influence the prohibition and prevention of torture in China. This issue leads to the main research question of the article: what factors influence the protection of human rights in China to achieve the prohibition and prevention of torture? This paper uses fuzzy set (fs)/qualitative comparative analysis (QCA) to explore how the configurations of multiple factors influence the establishment of a strong human rights protection system, to achieve effective torture prevention and prohibition in China. This article will focus on the cases of torture that have been made public (1998–2021). When considering how to build a strong human rights protection system to achieve the prohibition and prevention of torture, it is necessary to identify the most effective combination of cooperation with international monitoring bodies, transparency, legislation and judicial practice, attention allocation on torture cases and independent monitoring bodies for torture prevention. The analysis concludes that: (1) there are three ways of configuration to establish effective torture prevention and prohibition, (2) active engagement with international monitoring bodies is key to establishing a high level of human rights protection, particularly concerning China’s current mechanisms, and (3) the three types of configurations also provide solutions for future policy and decision-makers in China. This study contributes to demonstrates the benefits of fs/QCA in testing the complementarity of judicial practice and provides conceptual and empirical evidence for previously understudied factors.

KeywordCooperation With International Monitoring Bodies Fs/qca International Obligation Torture In chIna
DOI10.3390/socsci12050257
URLView the original
Indexed ByESCI
Language英語English
WOS Research AreaSocial Sciences - Other Topics
WOS SubjectSocial Sciences, Interdisciplinary
WOS IDWOS:001009650000001
PublisherMDPI, ST ALBAN-ANLAGE 66, CH-4052 BASEL, SWITZERLAND
Scopus ID2-s2.0-85160219948
Fulltext Access
Citation statistics
Document TypeJournal article
CollectionFaculty of Law
AffiliationFaculty of Law, University of Macau, 999078, Macao
First Author AffilicationFaculty of Law
Recommended Citation
GB/T 7714
Hai, Mingming. Rethinking the Factors Affecting the Prohibition and Prevention of Torture in China—A Qualitative Comparative Analysis †[J]. Social Sciences, 2023, 12(5), 257.
APA Hai, Mingming.(2023). Rethinking the Factors Affecting the Prohibition and Prevention of Torture in China—A Qualitative Comparative Analysis †. Social Sciences, 12(5), 257.
MLA Hai, Mingming."Rethinking the Factors Affecting the Prohibition and Prevention of Torture in China—A Qualitative Comparative Analysis †".Social Sciences 12.5(2023):257.
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