Chinas Death Penalty: History, Law and Contemporary by Hong Lu

By Hong Lu

Through all debts, China is the area chief within the variety of felony executions. Its lengthy ancient use of capital punishment and its significant political and monetary adjustments over the years are social proof that make China a fantastic context for a case examine of the demise penalty in legislation and perform. This booklet examines the dying penalty in the altering socio-political context of China. The authors'treatment of China' loss of life penalty is felony, historic, and comparative. particularly, they study; the substantive and techniques legislation surrounding capital punishment in numerous historic classes the needs and features of capital punishment in China in a variety of dynasties alterations within the approach to imposition and relative incidence of capital punishment over the years the socio-demographic profile of the done and their crimes over the past 20 years and comparative practices in different international locations. Their analyses of the loss of life penalty in modern China concentrate on either its idea - the way it might be performed in legislations - and real perform - in response to to be had secondary reports/sources.

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Extra info for Chinas Death Penalty: History, Law and Contemporary Practices (Routledge Advances in Criminology)

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22 China’s death penalty If the legal structure provides the basic machinery and tools for institutionalization of legal rules, legal culture, if adequate, serves as the lubricant to ensure the smooth operation of these laws. While legal structures may be altered dramatically in a short period of time, it is widely recognized that legal culture takes a long time to cultivate. The following characterizes the unique features of the legal culture in contemporary China. Chinese legal culture A deeply rooted aspect of Chinese culture is the general lack of concerns for individual rights.

Compared to adversarial system, the Chinese system has some unique features such as the belief in the absolute truth,48 the presumption of guilt, an emphasis of crime control and the overwhelming power vested to the state, particularly the procuratorate,49 in achieving the goal. Historically, these structural features of China’s inquisitorial model put the defendant and the defense attorney in a subordinate and disadvantaged position. 50 The legal reforms have been directed at changing some of these structural features through the introduction of judicial independence, a judicial responsibility system, legal representation, legal training, and legal access via legal aid programs.

10 The Tang dynasty (618–907 AD) marked the onset of the most prosperous and powerful period in Imperial China. , Song [960–1279], Yuan [1279–1368], and Ming [1368–1644] dynasties). These post-Tang dynasties further developed technical and production skills that sustained Imperial China’s position as a world power. The last imperial dynasty, the Qing Dynasty (1644–1911), was plagued with civil riots, peasant uprisings, foreign invasions, and wars, particularly since the last half of the nineteenth century.

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