Defining Death-Eligible Murder in China
Title | Defining Death-Eligible Murder in China PDF eBook |
Author | Michelle Miao |
Publisher | |
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.
China's Death Penalty
Title | China's Death Penalty PDF eBook |
Author | Hong Lu |
Publisher | Routledge |
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 Death Penalty in Chinese Criminal Law
Title | The Death Penalty in Chinese Criminal Law PDF eBook |
Author | Ludwig Hetzel |
Publisher | GRIN Verlag |
Pages | 17 |
Release | 2009-08-17 |
Genre | Foreign Language Study |
ISBN | 3640401689 |
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.
The Death Penalty's Denial of Fundamental Human Rights
Title | The Death Penalty's Denial of Fundamental Human Rights PDF eBook |
Author | John Bessler |
Publisher | Cambridge University Press |
Pages | 387 |
Release | 2022-12-15 |
Genre | Law |
ISBN | 110898858X |
The Death Penalty's Denial of Fundamental Human Rights details how capital punishment violates universal human rights-to life; to be free from torture and other forms of cruelty; to be treated in a non-arbitrary, non-discriminatory manner; and to dignity. In tracing the evolution of the world's understanding of torture, which now absolutely prohibits physical and psychological torture, the book argues that an immutable characteristic of capital punishment-already outlawed in many countries and American states-is that it makes use of death threats. Mock executions and other credible death threats, in fact, have long been treated as torturous acts. When crime victims are threatened with death and are helpless to prevent their deaths, for example, courts routinely find such threats inflict psychological torture. With simulated executions and non-lethal corporal punishments already prohibited as torturous acts, death sentences and real executions, the book contends, must be classified as torturous acts, too.
The Elgar Companion to Capital Punishment and Society
Title | The Elgar Companion to Capital Punishment and Society PDF eBook |
Author | Benjamin Fleury-Steiner |
Publisher | Edward Elgar Publishing |
Pages | 425 |
Release | 2024-09-06 |
Genre | Social Science |
ISBN | 1803929154 |
The Elgar Companion to Capital Punishment and Society presents a multidisciplinary overview of capital punishment’s influences, processes and outcomes across society. A global range of philosophers, social scientists, legal experts, political theorists and historians critically analyse the trajectory of the death penalty in both retentionist and abolitionist countries, underscoring how state killing remains a crucial issue worldwide.
Law and Politics of Religious Fraud Regulation
Title | Law and Politics of Religious Fraud Regulation PDF eBook |
Author | Jianlin Chen |
Publisher | Edward Elgar Publishing |
Pages | 257 |
Release | 2023-12-11 |
Genre | Law |
ISBN | 180220024X |
In comparing the ways in which China, Taiwan and Hong Kong punish religious claims and practices considered by the state to be false or fraudulent, Jianlin Chen presents a seminal contribution to the interdisciplinary study of religious freedom. The book not only reveals how these legal tools sustain a hierarchy of religion, but also the political dynamic behind the design and utilization of these legal tools.
Midnight in Peking
Title | Midnight in Peking PDF eBook |
Author | Paul French |
Publisher | Penguin |
Pages | 263 |
Release | 2012-04-24 |
Genre | True Crime |
ISBN | 1101580380 |
Winner of the both the Edgar Award for Best Fact Crime and the CWA Non-Fiction Dagger from the author of City of Devils Chronicling an incredible unsolved murder, Midnight in Peking captures the aftermath of the brutal killing of a British schoolgirl in January 1937. The mutilated body of Pamela Werner was found at the base of the Fox Tower, which, according to local superstition, is home to the maliciously seductive fox spirits. As British detective Dennis and Chinese detective Han investigate, the mystery only deepens and, in a city on the verge of invasion, rumor and superstition run rampant. Based on seven years of research by historian and China expert Paul French, this true-crime thriller presents readers with a rare and unique portrait of the last days of colonial Peking.