China’s Death Penalty: History, Law and Contemporary Practices (Routledge Advances in Criminology)

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Forgetting Children Born of War. One Country, Two Systems. The Death Penalty in Contemporary China. The Routledge Handbook of Chinese Criminology. Crime, Punishment, and Policing in China. Regulating Prostitution in China. The Korean Women's Movement and the State. New Crime in China. Gender and Community Under British Colonialism. Responding to Youth Crime in Hong Kong. Legal Mobilization under Authoritarianism. Inside China's Legal System. Debating the Death Penalty. Honour, Violence, Women and Islam. Support for Victims of Crime in Asia. Force and Contention in Contemporary China. Human Trafficking in Europe.

Street Gang Patterns and Policies. Social Protest and Contentious Authoritarianism in China. Towards the Development of the International Penal System. The Exclusionary Rule of Evidence. Ferrara on Insider Trading and The Wall.

Social Security Policy in Hong Kong. Hong Kong's Tortuous Democratization. Modern Chinese Legal Reform.

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Woven in the course of the e-book, questions are requested of, and treatments proposed for, a raft of concerns pointed out as having been neglected within the conventional discourse. It offers an extended late assessment of the disparate teams and methods that lay declare to abolitionism.

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A World View of Criminal Justice: Hunger for Justice by Richard Vogler. Legal justice technique is the bedrock of human rights. This failure to take method heavily has a negative fee, permitting reform to be pushed via basically pragmatic issues, cost-cutting or overseas impact.

By Hong Lu,Terance D. Under public pressure, the Supreme People's Court took the case and retried the leader, resulting in a death sentence which was carried out immediately. Since , the state's security apparatus has initiated various "strike hard" Chinese: Critics have noted that the campaigns lead to the streamlining of capital cases, where cases are investigated, appeals heard, and sentences carried out at rates much more rapidly than normal.

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Since , Chinese Supreme Court justice Xiao Yang has worked to blunt the "strike hard" policy with his own policy of "balancing leniency and severity" Chinese: Xiao's policy includes improving the quality of appeals by mandating that the SPC, rather than simply the high people's court, review capital crime cases; increasing use of the "death sentence with two years' probation"; and requiring "clear facts" and "abundant evidence" for capital cases.

The abolition of the death penalty in Hong Kong since is a major reason why mainland China does not have a rendition agreement with that city. The list of capital crimes includes counter-revolutionary crimes, such as organizing an "armed mass rebellion"; endangerment of public security, such as committing arson ; and crimes against the person, such as the rape of a person under the age of Thirteen crimes were removed from the list of capital offenses in , including smuggling of cultural relics, wildlife products, and precious metals. The execution protocol is defined on the criminal procedure law, under article In some areas of China, there is no specific execution ground.

A scout team chooses a place in advance to serve as the execution ground. In such case, the execution ground normally will have three perimeters: The public is generally not allowed to view the execution. The role of the executioner was fulfilled in the past by the People's Armed Police soldiers. China commonly employs two methods of execution. Since , the most common method has been execution by firing squad , which has been largely superseded by lethal injection , using the same three-drug cocktail pioneered by the United States , introduced in Execution vans are unique to China, however.

Lethal injection is more commonly used for "economic crimes", such as corruption , while firing squads are used for more common crimes like murder. In , Chinese authorities moved to have lethal injection become the dominant form of execution; in some provinces and municipalities, it is now the only legal form of capital punishment. PRC authorities have recently been pursuing measures to reduce the official number of crimes punishable by death, and limit how often the death penalty is officially utilized.

Since , China has experienced significant reforms on the death penalty system. The National People's Congress Standing Committee adopted an amendment to reduce the number of capital crimes from 68 to In addition to decreasing the number of capital offenses, in Article 3 of Amendment VIII, the article states that seniors aged 75 years old and older should only be sentenced to death when they have caused the death of another person by cruel and unusual means.

Article 1 states that seniors aged 75 years old or older who have committed crimes may be given lighter sentences. For those seniors who have committed crimes of negligence, their sentences can be lighter or mitigated.

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In addition, Article 19 dictates that criminals less than 18 years old at the time of a crime who are sentenced to prison terms of less than five years do not have to report to jail in situations of army recruitment and employment. While many critics are skeptical of Amendment VIII bringing long-term change, the reforms represent a gradual transition towards greater state respect and protection of human rights. In practice, China traditionally uses the firing squad as its standard method of execution.

However in recent years, China has adopted lethal injection as its sole method of execution, though execution by firing squad can still be administered. LA Yifan stated that "the death penalty's scope of application was to be reviewed shortly, and it was expected that this scope would be reduced, with the final aim to abolish it. In Communist philosophy, Vladimir Lenin advocated the retention of the death penalty, while Karl Marx and Friedrich Engels claimed that the practice was "feudal" and a symbol of "capitalist oppression".

Chairman Mao Zedong of the Chinese Communist Party CCP and his government glorified, to an extent, the death penalty's transient place in the legal system, while advocating that it be used for a limited number of counterrevolutionaries. The liberal market reformer Deng Xiaoping proceeding Mao Zedong stressed that the practice must not be abolished and advocated its wider use against recidivists and corrupt officials.

Leaders of China's minor, non-communist parties have also advocated for a wider use of the death penalty. Both Deng and Mao viewed the death penalty as having tremendous popular support and portrayed the practice as a means "to assuage the people's anger". Capital punishment is deeply entrenched in the Chinese legal system as the judiciary maintains the interests of the Communist party.

Thus, the death penalty is issued in cases that are deemed to impact social stability. Some supporters of the death penalty believe that the legitimacy of the death penalty depends on a fair and just judiciary, but the current legal system in China is disproportionately skewed against the disenfranchised. In many instances the application of the law is arbitrary. Capital punishment has widespread support in China, especially for violent crimes, and no group in government or civil society has vocally advocated for its abolition until recently.

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A survey conducted in by the Max Planck Institute showed that 60 percent of survey respondents in Beijing, Hubei, and Guangdong supported the death penalty. Thus, capital punishment contributes to the legitimacy of the Communist Party, as the regime is therefore satisfying public sentiment and indignation when corrupt officials are executed. In the past, the public hear few dissenting opinions towards the death penalty.

Because of the wide application of capital offenses in Chinese criminal law, substantial use of capital punishment, and the hidden numbers of the execution rate, the Chinese death penalty system has been criticized by many international organizations from perspectives such as the right to live, presumption of innocence and proportionality.

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A foreign reporter stated, "China's enthusiasm for capital punishment has long been a target for international criticism of its human rights record. Amnesty International reports that until among nations worldwide, 96 nations had completely abolished the death penalty, 9 had abolished the death penalty for ordinary crimes, and 34 were abolitionist in practice, meaning that they have not executed anyone for at least 10 years and have generally settled on the policy to not sentence any executions.

The last wave of international death penalty abolition has been influenced by the process of democratization and has inspired constitutions that protect the right to live. China has ratified more than international covenants in recent decades and has taken on international responsibilities like respecting the right to life and thus limiting the use of capital punishment. When a draft of the Amendment was punished in , a foreign reporter commented, "it is believed that the proposed amendment is one of several moves by the Chinese government to soften its image as the world's biggest executioner.

International death penalty abolitionist norms and trends have shaped Chinese death penalty practices significantly in recent years.

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