Capital punishment in China

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Capital punishment in the People's Republic of China is usually administered to offenders of serious and violent crimes, such as aggravated murder, but China retains in law a number of nonviolent capital offenses such as drug trafficking. The People's Republic of China executes the highest number of people annually, though other countries (such as Iran or Singapore) have higher per capita execution rates.[1] Watchdog groups believe that actual execution numbers greatly exceed officially recorded executions; in 2009, the Dui Hua Foundation estimated that 5,000 people were executed in China – far more than all other nations combined.[2] The precise number of executions is regarded as a state secret.[citation needed]

PRC authorities have recently been pursuing measures to reduce the official number of crimes punishable by death, and limit how often the death penalty is officially utilized. In 2011, the National People's Congress Standing Committee adopted an amendment to reduce the number of capital crimes from 68 to 55.[3] Later the same year, the Supreme People's Court ordered lower courts to suspend death sentences for two years and to "ensure that it only applies to a very small minority of criminals committing extremely serious crimes.”[4]

Chinese cultural context[edit]

Capital punishment is one of the classical Five Punishments of China's dynastic period. In Chinese philosophy, capital punishment was supported by the Legalists but its application was tempered by the Confucianists, who preferred rehabilitation over punishment, let alone capital punishment.[5] In Communist philosophy, Vladimir Lenin advocated for the retention of the death penalty, while Karl Marx and Friedrich Engels claimed that the practice was "feudal" and a symbol of "capitalist oppression". Chairman Mao Zedong of the Chinese Communist Party (CCP) and his government somewhat glorified, to an extent, the death penalty's transient place in the legal system, while advocating that it be used for a limited number of counterrevolutionaries. The market reformer Deng Xiaoping after him stressed that the practice must not be abolished, and advocated its wider use against recidivists and corrupt officials. Leaders of China's minor, non-communist parties have also advocated for a wider use of the death penalty. Both Deng and Mao viewed the death penalty as having tremendous popular support, and portrayed the practice as a means "to assuage the people's anger".[5]

Capital punishment has widespread support in China, especially for violent crimes, and no group in government or civil society vocally advocates for its abolition.[5] Surveys conducted by the Chinese Academy of Social Sciences in 1995, for instance, found that 95 percent of the Chinese population supported the death penalty, and these results were mirrored in other studies.[6] Polling conducted in 2007 in Beijing, Hunan and Guangdong found a more moderate 58 percent in favor of the death penalty, and further found that a majority (63.8 percent) believed that the government should release execution statistics to the public.[2]

During the Third Plenary Session of the 18th CPC Central Committee it was announced that China will reduce the number of crimes subject to death penalty "step by step".[7]

Legal procedure[edit]

After a first trial conducted by an Intermediate people's court concludes with a death sentence, a double appeals process must follow. The first appeal is conducted by a High people's court if the condemned appealed to it, and since 2007, another appeal is conducted automatically (even if the condemned opposed to the first appeal) by the Supreme People's Court of the People's Republic of China (SPC) in Beijing,[8] to prevent the awkward circumstances in which the defendant is proved innocent after the death penalty - an obviously irrevocable punishment - has been administered. The execution is carried out shortly thereafter and is fairly automated. As a result of its reforms, the PRC's government claims, the Supreme People's Court overturned about 15 percent of the death sentences handed down by high courts in the first half of 2008. In a brief report in May, Xinhua quoted anonymous sources as saying Chinese courts handed down 30 percent fewer death sentences in 2007 compared with 2006.[1]

Chinese courts hand down the sentence of "death sentence with two years' probation" (Chinese: 死缓; pinyin: sǐ huǎn) as frequently as, or more often than,[8] they do actual death sentences. This unique sentence is used to emphasize the seriousness of the crime and the mercy of the court, and has a centuries-old history in Chinese jurisprudence.[5] It almost always reduced to life or 10–15 years imprisonment if no new crime is intentionally committed during the two year probationary period.[5]

Article 49 in the Chinese criminal code explicitly forbids the death penalty for offenders who are under the age of 18 at the time of the crime.[9] The SPC also issued a policy in 2007 which required lower courts to arrange for the visitation of condemned criminals by relatives; forbade the practice by local authorities of parading prisoners on death row; and required that executions be publicly announced.[8]

However, capital punishment in China can be politically or socially influenced. In 2003, a local court sentenced the leader of a triad society to a death sentence with two years of probation. However, the public opinion was that the sentence was too light. Under public pressure, the Supreme People's Court took the case and retried the leader, resulting in a death sentence which was carried out immediately.[10]

Since 1980, the state's security apparatus has initiated various "strike hard" (Chinese: 严打; pinyin: Yándǎ) campaigns against specific types of crime. Critics have noted that the campaigns lead to the streamlining of capital cases, where cases are investigated, appeals heard, and sentences carried out at rates much more rapidly than normal. Since 2006, Chinese Supreme Court justice Xiao Yang has worked to blunt the "strike hard" policy with his own policy of "balancing leniency and severity" (Chinese: 宽严相济; pinyin: Kuānyán Xiāngjì), which is supposedly influenced by Hu Jintao's Harmonious society concept. Xiao's policy includes improving the quality of appeals by mandating that the SPC, rather than simply the high people's court, review capital crime cases; increasing use of the "death sentence with two years' probation"; and requiring "clear facts" and "abundant evidence" for capital cases.[8]

The abolition of the death penalty in Hong Kong since 1993 is a major reason why mainland China does not have a rendition agreement with that city.[11]

Capital crimes[edit]

The list of capital crimes is found in of capital crimes includes counter-revolutionary crimes, such as organizing an "armed mass rebellion"; endangerments of the public security, such as committing arson; and crimes against the person, such as the rape of a person under the age of 14.[5] During the 1980s, "economic crimes" such as bribery, drug-trafficking, and embezzlement were added to the legal code.[5] Capital punishment in China can be imposed on crimes against national symbols and treasures, such as theft of cultural relics and (before 1997) the killing of pandas.[12] Executions for political crimes are extremely rare and confined to persons involved in violence or the threat of violence.[5]

Thirteen crimes were removed from the list of capital offenses in 2011, including smuggling of cultural relics, wildlife products, and precious metals.[13][14][15] This brought the total number of capital offenses down from 68 to 55,[4] though many of the crimes dropped from the list were rarely if ever punished by the death penalty.[15]

Capital punishment is also imposed on inchoate offenses, that is, attempted crimes which are not actually fully carried out, including repeat offenses such as attempted fraud. The recidivistic nature of the offenses, not their seriousness per se, is what is adjudicated to merit the capital sentence.[citation needed]

Executions procedure[edit]

The execution protocol is defined on the criminal procedure law, under article 212:[16]

Before a people's court executes a death sentence, it shall notify the people's procuratorate at the same level to send personnel to supervise the execution.
Death sentences shall be executed by means of shooting or injection.
Death sentences may be executed at the execution ground or in designated places of custody.
The judicial personnel directing the execution shall verify the identity of the criminal offender, ask him if he has any last words or letters, and then deliver him to the executioner for the death sentence. If, before the execution, it is found that there may be an error, the execution shall be suspended and the matter shall be reported to the Supreme People's Court for decision.
Execution of death sentences shall be announced to the public, but shall not be held in public.
The attending court clerk shall, after the execution of a death sentence, make a written record thereon. The people's court that caused the death sentence to be executed shall submit a report on the execution to the Supreme People's Court.
The people's court that caused the death sentence to be executed shall, after the execution, notify the family of the criminal offender.

In some areas of China, there is no specific execution ground. A scout team chooses a place in advance to serve as the execution ground. In such case, the execution ground normally will have three perimeters: the innermost 50 meters is the responsibility of the execution team; the 200 meter radius from the center is the responsibility of the People's Armed Police; and the 2 km alert line is the responsibility of the local police. The public is generally not allowed to view the execution.

The role of the executioner was fulfilled in the past by the People's Armed Police. In recent times, the legal police force (Chinese: 法警; pinyin: fǎ jǐng) assumed this role.

China commonly employs two methods of execution. Since 1949, the most common method has been execution by firing squad, which has been largely superseded by lethal injection, using the same three-drug cocktail pioneered by the United States, introduced in 1996. Execution vans are unique to China, however. Lethal injection is more commonly used for "economic crimes", such as corruption, while firing squads are used for more common crimes like murder. In 2010, Chinese authorities moved to have lethal injection become the dominant form of execution; in some provinces and municipalities, it is now the only legal form of capital punishment.[17] The Dui Hua foundation notes that it is impossible to ascertain whether these guidelines are closely followed, as the method of execution is rarely specified in published reports.[2]

Rates of execution[edit]

By the confirmed numbers, the rate of executions in China is higher than the United States and Pakistan, though Iran executes more prisoners per capita.[citation needed] The Dui Hua Foundation declares that the true figures were higher; they estimate that China executed between 5,000 and 6,000 people in 2007, down from 10,000 in 2005.[1][18]

The exact numbers of people executed in China is classified as a state secret; occasionally death penalty cases are posted publicly by the judiciary, as in certain high-profile cases. One such example was the execution of former State Food and Drug Administration director Zheng Xiaoyu, which was confirmed by both state television and the official Xinhua News Agency.[19] Other media, such as Internet message boards, have become outlets for confirming death penalty cases usually after a sentence has been carried out.

In 2009, Amnesty International counted 1718 executions as having taken place during 2008 (which equates to 0.0001%, or 1 in 1,000,000 of the Chinese population[20]), based on all information available. Amnesty International believed that the total figure was likely to be much higher.[21]

On the other hand, researcher Andrew Scobell says that "there is a danger of exaggeration and hyperbole" in rights groups' estimated execution figures, and that "Caution should be exercised when considering allegations of even higher numbers of executions taking place". He notes that the Chinese government favors executions primarily for their deterrent value, which would be lost if they deliberately publicized low execution figures.[5]

Criticism[edit]

Human rights groups and foreign governments have criticized China's use of the death penalty for a variety of reasons, including its application for non-violent offenses, allegations of the use of torture to extract confessions, legal proceedings that do not meet international standards, and the government's refusal to publish statistics on the death penalty.[22] However, the vast majority of death sentences, as acknowledged by both the Chinese Supreme Court and the United States Department of State, are given for violent, nonpolitical crimes which would be considered serious in other countries.[5]

The Coalition to Investigate the Persecution of Falun Gong has accused Chinese hospitals of using the organs of executed prisoners for commercial transplantation.[23] Under Chinese law, condemned prisoners must give written consent to become organ donors, but because of this and other legal restrictions an international black market in organs and cadavers from China has developed.[24][25] In 2009, Chinese authorities acknowledged that two-thirds of organ transplants in the country could be traced back to executed prisoners and announced a crackdown on the practice.[26]

Wrongful executions[edit]

Like other countries which use capital punishment, there have been people wrongfully executed by the courts. A few well-known examples are:

See also[edit]

References[edit]

  1. ^ a b c Fan, Maureen; Cha, Ariana Eunjung (2008-12-24). "China's Capital Cases Still Secret, Arbitrary". The Washington Post. Retrieved 2010-08-16. 
  2. ^ a b c Dui Hua Foundation, 'Reducing Death Penalty Crimes in China More Symbol Than Substance', Dialogue, Issue 40, Fall 2010.
  3. ^ news.xinhuanet.com Capital crimes dropped- Retrieved 2012-04-06
  4. ^ a b International Business Times, 'China suspends executions for two years', 25 May 2011.
  5. ^ a b c d e f g h i j Scobell, Andrew (September 1990). "The Death Penalty in Post-Mao China". China Quarterly (123): 503–520. 
  6. ^ "学者称死刑未必公正 政治家应引导民意废除". qq.com (in Chinese). 青年周末. 3 April 2008. Retrieved 7 June 2012. 
  7. ^ China to reduce capital punishment 'step by step'
  8. ^ a b c d Trevaskes, Susan (May–June 2008). "The Death Penalty in China Today: Kill Fewer, Kill Cautiously". Asian Survey 48 (3): 393–413. 
  9. ^ "Selected Legal Provisions of the People's Republic of China Affecting Criminal Justice". Congressional-Executive Commission on China. 1997-03-14. Retrieved 2010-08-16. 
  10. ^ "Gang leader executed after retrial". China Daily. 2003-12-23. Retrieved 2010-08-16. 
  11. ^ Lo, Sonny Shiu-Hing (July–August 2011). "The Influence of Hong Kong's Policing on China". Asian Survey 51 (4): 770–784. 
  12. ^ "Threats". Panda Central. World Wide Fund for Nature. Retrieved 2010-08-16. 
  13. ^ Capital crimes removed
  14. ^ capital punishment eliminated for 13 crimes
  15. ^ a b Congressional-Executive Commission on China, Chinese Government Considers Reducing Number of Crimes Punishable by Death, 23 Feb 2011.
  16. ^ "Criminal Procedure Law of the People's Republic of China - 1996". Lehman, Lee & Xu. 1996-03-17. 
  17. ^ Congressional-Executive Commission on China, 2010 Annual Report, 10 October 2010, p 98.
  18. ^ zh:中华人民共和国死刑犯列表
  19. ^ "China Executes Ex-Food and Drug Chief". NPR. 2007-07-10. Retrieved 2010-08-16. 
  20. ^ China population
  21. ^ "Abolish the death penalty". Amnesty International. Retrieved 2010-08-16. 
  22. ^ Amnesty International, Death Sentences and Executions 2010, 28 March 2011, pp 19 -20.
  23. ^ David Fickling, China 'using prisoner organs for transplants', The Guardian, 19 April 2006.
  24. ^ Ian Cobain, 'The beauty products from the skin of executed Chinese prisoners', The Guardian, 12 September 2005.
  25. ^ David Barboza, 'China Turns Out Mummified Bodies for Displays', The New York Times, 8 August 2006.
  26. ^ Peter Foster, 'China admits organs removed from prisoners for transplants', The Telegraph, 26 August 2009.
  27. ^ "魏清安案:法院枪口下还有多少冤案待昭雪?-法治新闻-中顾法律网". News.9ask.cn. 2010-07-21. Retrieved 2012-08-13. 
  28. ^ 死刑信息的公开化
  29. ^ "滕兴善 一个比佘祥林更加悲惨的人-搜狐新闻". News.sohu.com. 2007-04-02. Retrieved 2012-08-13. 
  30. ^ "南方周末 - 聂树斌案,拖痛两个不幸家庭". Infzm.com. 2012-02-10. Retrieved 2012-08-13. 

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