Courts, Sentencing, and the Death Penalty in the PRC (From Social Control in the People's Republic of China, P 141-158, 1989, Ronald J. Troyer, John P. Clark, et al, eds. - See NCJ-120034)

• NCJ Number: 120042
• Author(s): G T Felkenes
• Date Published: 1989
• Length: 18 pages
• Sale Source: Praeger Publishers
• Publication Type: Survey (Cross-Cultural)
• Language: English
• Country: United States of America

Annotation

This analysis of the court structure and sentencing practices in the People's Republic of China (PRC) is based on information gathered mainly through interviews with law professors and criminal justice officials from February to June 1987.

Abstract

Underlying all legal philosophy in PRC is the concept that crime prevention is the most effective form of controlling behavior. The Chinese emphasize the role of sentences in this philosophy and focus on reforming law violators. However, most minor conflicts and offenses are handled informally rather than by the formal legal system. The small number of penal laws and correctional measures focus on punishing criminals, with rehabilitation through labor the secondary goal. The main punishments are control, criminal detention, fixed terms of imprisonment, life imprisonment, and death. The law also permits the supplementary punishments of fines, deprivation of political rights, and confiscation of property. In addition, a death sentence may be suspended for 2 years while offenders undergo reform through labor and are observed regarding their rehabilitation. Case analysis of executions in Shanghai and comparisons with sentencing in the United States are included.