Do Judges Exhibit Gender Bias? Evidence from the Universe of Divorce Cases in China
June 2025
Xiqian Cai, Pei Li, Qinyue Luo, Hong Song, Huihua Xie
Abstract:
Does gender identity affect judicial decisions? This paper provides novel evidence of in-group gender bias in the judicial decisions for almost all divorce cases in China. Exploiting the effectively random assignment of cases to judges, the analysis finds that female judges are 1.2 percentage points more likely to grant divorce petitions filed by female plaintiffs compared to male plaintiffs, relative to male judges. This bias primarily reflects female judges’ harsher treatment of male plaintiffs. The bias is significantly weaker in regions with stronger traditional gender norms, indicating that conservative cultural attitudes may constrain overt displays of in-group gender favoritism. Institutional legal development has little moderating effect, underscoring the primary role of culture. These findings highlight the importance of complementing efforts to promote judicial diversity with safeguards to detect and mitigate implicit bias.
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