Transience and the disposition of theft cases in China

This research examines the relationship between transience and the disposition of criminal cases in an inquisitorial system. We describe the distinctive features of socialist legal theories, the justice process, and recent structural changes in China. The results of multivariate tobit analyses for a sample of court cases involving theft in China reveal that defendants' residency status has significant effects on pretrial detention, but not on sentencing outcomes. Further analyses of the possible conditional effect of offenders' residency status on case processing reveal that extralegal factors are weighed more heavily in detention decisions for transients, while legal factors are considered more strongly for residents. Pretrial detention influences sentencing outcomes, but only for transients. Policy implications and recommendations are discussed.