Rethinking the Factors Affecting the Prohibition and Prevention of Torture in China—A Qualitative Comparative Analysis

Mingming Hai ()
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Mingming Hai: Faculty of Law, University of Macau, Macau 999078, China

Social Sciences, 2023, vol. 12, issue 5, 1-23

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.

Keywords: fs/QCA; cooperation with international monitoring bodies; torture in China; international obligation (search for similar items in EconPapers)
JEL-codes: A B N P Y80 Z00 (search for similar items in EconPapers)
Date: 2023
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