Editorial Reviews. About the Author. Hong Lu is Associate Professor of Criminal Justice at the China's Death Penalty: History, Law and Contemporary Practices (Routledge Advances in China's Death Penalty: History, Law and Contemporary Practices (Routledge Advances in Criminology) 1st Edition, Kindle Edition. by.
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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.
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Force and Contention in Contemporary China. Human Trafficking in Europe. Street Gang Patterns and Policies. Social Protest and Contentious Authoritarianism in China.
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Towards the Development of the International Penal System. The Exclusionary Rule of Evidence. Ferrara on Insider Trading and The Wall.
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Social Security Policy in Hong Kong. Hong Kong's Tortuous Democratization. Modern Chinese Legal Reform. Sex, Slavery and the Trafficked Woman. Citizenship in Bosnia and Herzegovina, Macedonia and Montenegro.
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Reforms and Its Future", "it also represents the most conservative estimate of death sentences and executions in China due to the following accounting rules: In , billionaire Liu Han was executed for running a criminal gang and ordering at least three murders. After a first trial conducted by an intermediate people's court concludes with a death sentence, a double appeals process must follow.
The first appeal is conducted by a high people's court if the condemned appealed to it, and since , another appeal is conducted automatically even if the condemned oppose the first appeal by the Supreme People's Court of the People's Republic of China SPC in Beijing, [21] to prevent the awkward circumstances in which the defendant is proved innocent after the death penalty — an obviously irrevocable punishment — has been administered.
If the lower court death sentence is upheld, the execution is carried out shortly thereafter. As a result of its reforms, the PRC's government claims, the Supreme People's Court overturned about 15 percent of the death sentences handed down by high courts in the first half of In a brief report in May, Xinhua quoted anonymous sources as saying Chinese courts handed down 30 percent fewer death sentences in compared with The cases of Li Yan and Wu Ying are two examples in which the Supreme People's Court reversed a death sentence pronounced by lower courts.
Chinese courts hand down the sentence of " death sentence with two years' probation " Chinese: This unique sentence is used to emphasize the seriousness of the crime and the mercy of the court, and has a centuries-old history in Chinese jurisprudence. Article 49 in the Chinese criminal code explicitly forbids the death penalty for offenders who are under the age of 18 at the time of the crime. However, capital punishment in China can be politically or socially influenced.
In , a local court sentenced the leader of a triad society to a death sentence with two years of probation. However, the public opinion was that the sentence was too light. 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.
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.
Capital punishment in China
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. 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".
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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. By all debts, China is the area chief within the variety of felony executions.
Its lengthy old use of capital punishment and its significant political and monetary adjustments through the years are social proof that make China an amazing context for a case research of the demise penalty in legislations and perform. This e-book examines the demise penalty in the altering socio-political context of China. The authors'treatment of China' demise penalty is criminal, historic, and comparative. Download e-book for iPad: Is the Death Penalty Dying?
Is the loss of life Penalty loss of life?