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Author: Hong Lu Publisher: Routledge ISBN: 1135914915 Category : Law Languages : en Pages : 326
Book Description
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.
Author: Hong Lu Publisher: Routledge ISBN: 1135914915 Category : Law Languages : en Pages : 326
Book Description
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.
Author: Bin Liang Publisher: University of Michigan Press ISBN: 0472129287 Category : Political Science Languages : en Pages : 345
Book Description
Few social issues have received more public attention and scholarly debate than the death penalty. While the abolitionist movement has made a successful stride in recent decades, a small number of countries remain committed to the death penalty and impose it with a relatively high frequency. In this regard, the People’s Republic of China no doubt leads the world in both numbers of death sentences and executions. Despite being the largest user of the death penalty, China has never conducted a national poll on citizens’ opinions toward capital punishment, while claiming “overwhelming public support” as a major justification for its retention and use. Based on a content analysis of 38,512 comments collected from 63 cases in 2015, this study examines the diversity and rationales of netizens’ opinions of and interactions with China’s criminal justice system. In addition, the book discusses China’s social, systemic, and structural problems and critically examines the rationality of netizens’ opinions based on Habermas’s communicative rationality framework. Readers will be able to contextualize Chinese netizens’ discussions and draw conclusions about commonalities and uniqueness of China’s death penalty practice.
Author: Bin Liang Publisher: Columbia University Press ISBN: 0231540817 Category : Law Languages : en Pages : 333
Book Description
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.
Author: S. Trevaskes Publisher: Springer ISBN: 1137079673 Category : Social Science Languages : en Pages : 450
Book Description
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.
Author: Ludwig Hetzel Publisher: GRIN Verlag ISBN: 3640401689 Category : Foreign Language Study Languages : en Pages : 17
Book Description
Seminar paper from the year 2009 in the subject Orientalism / Sinology - Chinese / China, grade: A, Tsinghua University, course: Chinese Criminal and Criminal Procedure Law, language: English, abstract: In international discussions China is often criticized for its heavy use of the death penalty; so what is the legal basis for the capital punishment and the procedural background.
Author: Michael Sting Publisher: GRIN Verlag ISBN: 3668152314 Category : Law Languages : en Pages : 18
Book Description
Seminar paper from the year 2015 in the subject Law - Comparative Legal Systems, Comparative Law, University of Cologne (Institute of East Asian Studies Seminar / Modern China Studies), course: The political System of VR China, language: English, abstract: “Kill fewer, kill carefully.” According to the wishes of the Chinese Politburo, these two political guidelines are to be implemented in the future in order to simultaneously maintain harmony and order in China. As with any passed laws – independent of country or government –, two questions arise here: 1. What did the prior evolution look like and can obligatory reform prevail? 2. Which competences are the judiciary’s responsibility and is there a guarantee that secure monitoring of law enforcement will be carried out? I will pursue these questions in this paper. For this purpose, I will start by addressing the term “death penalty”, the legal provisions in China as well as its evolution with a particular focus on the “Strike Hard” Campaign and the decentralization process of the courts, which substantially contributed to the need for reform. Furthermore, I will analyze the reformation of the Supreme People’s Court and assess the current state of the political guidelines being strived for and their actual executive implementation. The conclusion should allow for an assessment of the reformation measures, if they have indeed been successful, if there is a need to catch up or if they failed entirely.
Author: Timothy Brook Publisher: Harvard University Press ISBN: 9780674027732 Category : History Languages : en Pages : 342
Book Description
In Beijing in 1904, multiple murderer Wang Weiqin became one of the last to suffer the extreme punishment known as lingchi, called by Western observers “death by a thousand cuts.” This is the first book to explore the history, iconography, and legal contexts of Chinese tortures and executions from the 10th century until lingchi’s abolition in 1905.
Author: Tobias Johnson Smith Publisher: ISBN: Category : Capital punishment Languages : en Pages : 159
Book Description
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.