Chinese Netizens' Opinions on Death Sentences

Chinese Netizens' Opinions on Death Sentences
Author: Bin Liang
Publisher: University of Michigan Press
Total Pages: 345
Release: 2021-11-15
Genre: Political Science
ISBN: 0472038737

Provides the first in-depth examination of what Chinese netizens think about various death sentences and executions in China.

China's Death Penalty

China's Death Penalty
Author: Hong Lu
Publisher: Routledge
Total Pages: 326
Release: 2010-06-10
Genre: Law
ISBN: 1135914915

By all accounts, China is the world leader in the number of legal executions. Its long historical use of capital punishment and its major political and economic changes over time are social facts that make China an ideal context for a case study of the death penalty in law and practice. This book examines the death penalty within the changing socio-political context of China. The authors'treatment of China' death penalty is legal, historical, and comparative. In particular, they examine; the substantive and procedures laws surrounding capital punishment in different historical periods the purposes and functions of capital punishment in China in various dynasties changes in the method of imposition and relative prevalence of capital punishment over time the socio-demographic profile of the executed and their crimes over the last two decades and comparative practices in other countries. Their analyses of the death penalty in contemporary China focus on both its theory - how it should be done in law - and actual practice - based on available secondary reports/sources.

The Contradictions of Chinese Capital Punishment

The Contradictions of Chinese Capital Punishment
Author: Tobias Johnson Smith
Publisher:
Total Pages: 159
Release: 2020
Genre: Capital punishment
ISBN:

This project uncovers the causes and consequences of China’s death penalty reform in the 21st century. China is the world’s leading executioner state. Yet in recent years China has also become a leading death penalty reformer. This reform took place through the courts. In 2007 the Supreme People’s Court (SPC) reinstituted a process of central review and approval of death sentences that reportedly led to a significant decline in death sentences nationwide.Why did a one-party authoritarian state empower the judiciary to restrain state punishment? And what were the political effects of this shift? I adopt an explicitly comparative method to answer these questions. Throughout, I consider China’s court-focused death penalty reform in light of another country that also used the judiciary to regulate capital punishment: the United States. My findings rest on a diverse body of evidence including case verdicts, statutes and Chinese-language scholarship. The centerpiece of my materials is an original data set of more than 70 interviews I conducted with death penalty stakeholders in China.The first part of the project explains the causes of reform in China. In Chapters One and Two I examine the politics and functions of capital punishment administration in late Imperial China and the People’s Republic of China (PRC). I show that in late Imperial China the administration of capital punishment was tightly controlled through an extensive process of hierarchical review with relatively few executions. I argue that this process served a crucial and under-recognized auditing function in helping the state regulate hazards from its own local bureaucracy. In Chapter Two I show that by contrast the political environment of the early PRC produced a heavy reliance on capital punishment with little central oversight. I contend that the implementation of death penalty review in the 21st century was not driven by concerns over the scale of capital punishment, but by a need to reassert central state control over local government.In the second part of this project I turn to the consequences of China’s authoritarian regulation of the death penalty through the courts since 2007. I identify a series of resultant contradictions in four domains: the judiciary, the legal profession, penal legislation and state secrecy. In each of these domains I begin by showing how the Chinese case of death penalty reform diverges from the US example. In Chapter Three I explain how the SPC expanded its administrative capacity in order to handle the additional work of death penalty review. In Chapter Four I show that the process of death penalty review created a new national venue for death penalty defense. While lawyers were not the focus of death penalty reform, reform is shaping the development of a capital defense bar as part of China’s legal profession. In Chapter Five I examine the introduction of a new sanction—life without parole (LWOP)—as an alternative to death for only one capital crime: bribery. The creation of this sentence for a non-violent crime showcases the ways that seemingly obvious rationales for capital punishment, such as permanent incapacitation for dangerous offenders, differ in China and the US. In Chapter Six I explore China’s refusal to reveal data about capital punishment. I show that death penalty reform puts death penalty secrecy at odds with other Chinese legal initiatives promoting transparency, legal representation and due process protections. I conclude by arguing that death penalty reform may have reduced executions, but it has also further institutionalized capital punishment in China, making the practice harder to abolish.

The Death Penalty in Contemporary China

The Death Penalty in Contemporary China
Author: S. Trevaskes
Publisher: Springer
Total Pages: 450
Release: 2012-07-16
Genre: Social Science
ISBN: 1137079673

China's infamous death penalty record is the product of firm Party-state control and policy-setting. Though during the 1980s and 1990s, the Party's emphasis was on "kill many," in the 2000s the direction of policy began to move toward "kill fewer." This book details the policies, institutions, and story behind the reform of the death penalty.

The Death Penalty in China

The Death Penalty in China
Author: Bin Liang
Publisher: Columbia University Press
Total Pages: 333
Release: 2015-12-01
Genre: Law
ISBN: 0231540817

Featuring experts from Europe, Australia, Japan, China, and the United States, this collection of essays follows changes in the theory and policy of China's death penalty from the Mao era (1949–1979) through the Deng era (1980–1997) up to the present day. Using empirical data, such as capital offender and offense profiles, temporal and regional variations in capital punishment, and the impact of social media on public opinion and reform, contributors relay both the character of China's death penalty practices and the incremental changes that indicate reform. They then compare the Chinese experience to other countries throughout Asia and the world, showing how change can be implemented even within a non-democratic and rigid political system, but also the dangers of promoting policies that society may not be ready to embrace.

Defining Death-Eligible Murder in China

Defining Death-Eligible Murder in China
Author: Michelle Miao
Publisher:
Total Pages: 159
Release: 2017
Genre:
ISBN:

The central purpose of this article is to illuminate the process and politics of China's sentencing process for capital murder. Since 2007, China's death penalty reform has resulted in a recalibration of the convicted murderers' eligibility for execution. The reform heralded a substantial decline in the number of capital sentences, as well as a rise of the alternative to executions - the suspended death sentence. In the reform era, how do Chinese courts determine who should be spared from execution and who deserves the ultimate punishment of death? This article uses quantitative analysis of 369 capital murder cases, as well as elite interviews with 40 judges - from China's provincial-level Higher People's Courts and the Supreme People's Court - to analyze the political logic behind Chinese courts' approach to defining the execution-worthiness of convicted murderers. While there is rich literature on capital sentencing in the U.S., there is a dearth of comparative analysis of the challenges Chinese courts face in drawing the distinction between life and death sentences in the country's unique social and political context. This article seeks to make a contribution to this crucial topic.

The Death Penalty

The Death Penalty
Author: Roger Hood CBE QC (Hon) DCL FBA
Publisher: OUP Oxford
Total Pages: 2168
Release: 2008-03-27
Genre: Law
ISBN: 0191021733

The 4th edition of this authoritative study of the death penalty, now written jointly with Carolyn Hoyle, brings up-to-date developments in the movement to abolish the death penalty worldwide. It draws on Roger Hood's experience as consultant to the United Nations for the UN Secretary General's five-yearly surveys of capital punishment and on the latest information from non-governmental organizations and the academic literature. Not only have many more countries abolished capital punishment but, even amongst those that retain it, the majority have been carrying out fewer executions. Legal challenges to the mandatory capital punishment have been successful, as has the pressure to abolish the death penalty for those who commit a capital crime when under the age of 18. This edition has more to say about the prospects that China will restrict and control the number of executions 'on the road to abolition'. Yet, despite such advances, this book reveals many human rights abuses where the death penalty still exists. In some countries a wide range of crimes are still subject to capital punishment, and the authorities too often fail to meet the safeguards embodied in international human rights treaties to safeguard those facing the death penalty. There is evidence of police abuse, unfair trials, lack of access to competent defence counsel, excessive periods of time spent on in horrible conditions on 'death row', and public, painful forms of execution. The authors engage with the latest debates on the realities of capital punishment, especially its justification as a uniquely effective deterrent; whether it can ever be administered equitably, without discrimination or error; and what influence relatives of victims should have in sentencing and on the public debate. For the first time, it also discussing the problem of devising an alternative to capital punishment, especially life imprisonment without the possibility of parole.

The Debate About the Death Penalty

The Debate About the Death Penalty
Author: Kaye Stearman
Publisher: The Rosen Publishing Group, Inc
Total Pages: 52
Release: 2007-12-15
Genre: Juvenile Nonfiction
ISBN: 9781404237520

Describes the debate about the death penalty raising questions about whether it is justified, whether it is ever humane, who dies and who lives, and whether the death penalty ever makes society safer.