An Empirical Study Of The Influence Of Judge Gender On The Sentencing Of Criminal Cases Involving Domestic Violence

This paper analyzes the impact of judge gender on the sentencing of domestic violence criminal cases based on the 139 first-trial judgments of domestic violence criminal cases collected from the Chinese refereeing documents online(as of January 2019).The method is to collect and organize the data,including the gender of the judge,the gender of the defendant,the degree of domestic violence,and whether there is a victim's fault,surrender,confession,understanding and other sentencing circumstances,and then establish a model:the first step analyzes the situation without considering other factors Next,the relationship between the judge's gender and the sentencing;the second step is to add the defendant's gender as a dummy variable,and analyze the difference between the male judge and the female judge's sentencing of different genders.The third step is to add the degree of domestic violence.An important independent variable,analyzes the changes in the sentencing of male judges and female judges after adding the factor of domestic violence damage;the last step is to add the sentencing plot as a control variable,mainly to influence the sentencing as much as possible.Factor considerations,more scientific analysis of judge gender Influence sentencing generated.Through regression analysis in Eviews and the following conclusions:First,male judges are more severely sentenced to criminals than female judges in cases of intentional injury caused by domestic violence;second,male judges are triggered by domestic violence.In the case of intentional homicide,the sentencing of the offender is lighter than that of the female judge.Third,the degree of domestic violence is directly proportional to the scope of the main sentence.The higher the degree of domestic violence,the greater the magnitude of the main sentence.It is worth noting that in the quantitative analysis of this article,for the case of intentional injury,the domestic violence is divided into six grades:minor injury,minor I injury,minor 2 injury injury,serious injury,serious 2 injury and death.The level of domestic violence corresponds to 1,2,3,4,5,6;for the intentional homicide case,the murder consequences are divided into unsuccessful,minor,light injury,minor I injury,minor 2 injury injury,serious injury,serious 2 injury and death.The level,after specific quantification,corresponds to 0,1,2,3,4,5.At the same time,the virtual variable judge gender,the defendant's gender,the victim's fault,the surrender,the guilty plea and the understanding of the victim or his relatives were introduced to further analyze the influence of the judge's gender on the sentencing of criminal cases caused by domestic violence.