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

By Hong Lu

Through all bills, China is the realm chief within the variety of felony executions. Its lengthy historic use of capital punishment and its significant political and monetary alterations through the years are social evidence that make China a terrific context for a case learn of the demise penalty in legislation and perform. This e-book examines the dying penalty in the altering socio-political context of China. The authors'treatment of China' demise penalty is criminal, historic, and comparative. particularly, they study; the great and approaches legislation surrounding capital punishment in numerous ancient sessions the needs and capabilities of capital punishment in China in a variety of dynasties adjustments within the approach to imposition and relative occurrence of capital punishment over the years the socio-demographic profile of the achieved and their crimes over the past 20 years and comparative practices in different international locations. Their analyses of the demise penalty in modern China specialise in either its conception - the way it might be performed in legislations - and genuine perform - in line with on hand secondary reports/sources.

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

Sample text

Chinese legal culture A deeply rooted aspect of Chinese culture is the general lack of concerns for individual rights. The long imperial tradition of Chinese society revolved around family, the clan, and the emperor. This interdependence fostered the emergence of a political and legal thought of collectivism and rule of man. 58 Within this context of centralized political power and group orientation, both the Chinese government and its people have had a strong desire for peace and stability, and been particularly fearful of disorder and chaos.

36 These laws were used to formalize and legalize political, economic and social order, and as a political instrument to express the party policy. Nevertheless, these laws largely inherited the political and ideological overtone of the Mao era. 37 As an example of its consistency with Maoist principles, the Constitution stressed the proletariat dictatorship and the criminal law stipulated a number of anti-revolutionary crimes. The laws remained punitive and duty oriented. For example, the Constitution mainly emphasized the need to protect socialist political and economic structure, whereas criminal laws focused very much on crime and punishment, rather than on the process of 18 China’s death penalty ensuring the rights of the defendant.

Records from the year 1060 of the Song Dynasty indicate that a total of 2,560 offenders were sentenced to death. , are particular offenses within a peasant uprising classiied as treason, murder, looting, banditry), conclusions about the most prevalent executable offenses could change dramatically. It is dificult to develop a social proi le of persons executed during this period because of the lack of comprehensive data. 92 For the speciic offenses of murder and robbery, it seems that persons who are young, male, peasants and lower class members, and dissenters and deserters were the groups that were most commonly executed.

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