skip navigation

LIBRARY

Abstract Database

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

To download this abstract, check the box next to the NCJ number then click the "Back To Search Results" link. Then, click the "Download" button on the Search Results page. Also see the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 211011 Find in a Library
Title: Death Penalty in China: The Law and the Practice
Journal: Journal of Criminal Justice  Volume:33  Issue:4  Dated:July/August 2005  Pages:367-376
Author(s): Hong Lu; Lening Zhang
Date Published: July 2005
Page Count: 10
Publisher: http://www.elsevier.com/wps/find/homepage.cws_home 
Type: Historical Overview
Format: Article
Language: English
Country: United States of America
Annotation: This article provides an overview of the Chinese legal tradition of the death penalty, the legal evolution of the death penalty when the Chinese Communists took power, and current death penalty practice in China.
Abstract: The death penalty took primarily three forms in ancient China: strangulation, decapitation, and slicing of the body. Public executions were intended to elicit obedience to the law and allegiance to the government. On the other hand, a contrasting philosophy was promoted by Confucians, who believed that social order was best maintained through rulers' role modeling of exemplary conduct by rulers and punishment accompanied by education designed to reform the offender. Since the establishment of the People's Republic of China in 1949, two competing views of crime and punishment have emerged. One is the populist approach that relied on ad hoc people's tribunals, summary justice, and harsh punishment. Under the influence of this view, the death penalty was used extensively during the 1950s and 1960s, primarily against counterrevolutionaries. A contrasting model of crime and punishment was inspired by the Soviets, which involved a more formal, bureaucratic, and codified legal framework. The enactment of the 1979 Criminal Law and the 1979 Criminal Procedural Law marked the end of the era of lawlessness and the beginning of a system governed by law and legal procedures. The 1979 Criminal Law included 28 capital offenses, and the 1997 revised Criminal Law expanded the number of capital offenses to 68, primarily due to new types of economic offenses linked to the move toward a market economy. The reliance on the death penalty as a means of deterring crime stems from the tradition of increasing the severity of sanctions during periods of economic transition. 19 notes, 31 references, and appended list of case collections and a listing of capital offenses stipulated in the 1997 Criminal Law
Main Term(s): Criminology
Index Term(s): Capital punishment; China; Foreign laws; History of corrections
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=211011

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.