China and the Death Penalty. Historical and Current Developments PDF Download
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Author: Michael Sting
Publisher: GRIN Verlag
ISBN: 3668152314
Category : Law
Languages : en
Pages : 18
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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: Michael Sting
Publisher: GRIN Verlag
ISBN: 3668152314
Category : Law
Languages : en
Pages : 18
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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: Hong Lu
Publisher: Routledge
ISBN: 1135914915
Category : Law
Languages : en
Pages : 326
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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: Columbia University Press
ISBN: 0231540817
Category : Law
Languages : en
Pages : 333
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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: Bin Liang
Publisher: University of Michigan Press
ISBN: 0472129287
Category : Political Science
Languages : en
Pages : 345
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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: Ivan Šimonović
Publisher: UN
ISBN: 9789211542158
Category : Law
Languages : en
Pages : 212
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Book Description
Capital punishment is irrevocable. It prohibits the correction of mistakes by the justice system and leaves no room for human error, with the gravest of consequences. There is no evidence of a deterrent effect of the death penalty. Those sacrificed on the altar of retributive justice are almost always the most vulnerable. This book covers a wide range of topics, from the discriminatory application of the death penalty, wrongful convictions, proven lack of deterrence effect, to legality of the capital punishment under international law and the morality of taking of human life.
Author: Hugo Adam Bedau
Publisher:
ISBN:
Category :
Languages : en
Pages : 563
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Book Description
Author: Petra Schmidt
Publisher: BRILL
ISBN: 9789004124219
Category : Law
Languages : en
Pages : 224
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Book Description
This book provides an overview of capital punishment in Japan in a legal, historical, social, cultural and political context. It provides new insights into the system, challenges traditional views and arguments and seeks the real reasons behind the retention of capital punishment in Japan.
Author: Cheng Nien
Publisher: Grove/Atlantic, Inc.
ISBN: 0802145167
Category : Biography & Autobiography
Languages : en
Pages : 561
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Book Description
A woman who spent more than six years in solitary confinement during Communist China's Cultural Revolution discusses her time in prison. Reissue. A New York Times Best Book of the Year.
Author: United Nations
Publisher: United Nations Publications
ISBN:
Category : Law
Languages : en
Pages : 460
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Book Description
This report was prepared for the Working Group on the Crime of Aggression at the 8th session of Preparatory Commission, held in September-October 2001. The paper consists of four parts relating to: the Nuremberg tribunal; tribunals establish pursuant to Control Council Law number 10; the Tokyo tribunal; and the United Nations. Annexes contain tables regarding aggression by a State and individual responsibility for crimes against peace. The paper seeks to provide an objective, analytical overview of the history and major developments relating to aggression, both before and after the adoption of the UN Charter.
Author: Ernest Van den Haag
Publisher: Springer Science & Business Media
ISBN: 1489927875
Category : Social Science
Languages : en
Pages : 314
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Book Description
From 1965 until 1980, there was a virtual moratorium on executions for capital offenses in the United States. This was due primarily to protracted legal proceedings challenging the death penalty on constitutional grounds. After much Sturm und Drang, the Supreme Court of the United States, by a divided vote, finally decided that "the death penalty does not invariably violate the Cruel and Unusual Punishment Clause of the Eighth Amendment." The Court's decisions, however, do not moot the controversy about the death penalty or render this excellent book irrelevant. The ball is now in the court of the Legislature and the Executive. Leg islatures, federal and state, can impose or abolish the death penalty, within the guidelines prescribed by the Supreme Court. A Chief Executive can commute a death sentence. And even the Supreme Court can change its mind, as it has done on many occasions and did, with respect to various aspects of the death penalty itself, durlog the moratorium period. Also, the people can change their minds. Some time ago, a majority, according to reliable polls, favored abolition. Today, a substantial majority favors imposition of the death penalty. The pendulum can swing again, as it has done in the past.
