NCJ Number
222708
Journal
Punishment & Society Volume: 10 Issue: 2 Dated: April 2008 Pages: 137-151
Date Published
April 2008
Length
15 pages
Annotation
This article examines why death-penalty provisions, convictions, and executions are so prevalent in China by defining China as a state power-based society characterized by a socialist social system.
Abstract
In placing China's use of the death penalty in the context of state power, it gives the state the power of life and death to be exercised according to power-holders' determination of who is most dangerous to China's political and socioeconomic system. The issue of whether or not to retain the death penalty is a political rather than a legal matter, since it involves state power-holders giving up power over life and death in attempting to control behaviors threatening to political and socioeconomic structures. Since the existence and use of the death penalty is a high-priority issue in other countries and in the agendas of international organizations, it has also become a controversial issue in contemporary China. Among the Chinese public, there are differing views on capital punishment. A majority of the public favors retention of the death penalty, and this is supported by most of the Nation's legal scholars and journalists. A minority supports its abolition, and a relatively new position gaining ground involves limitation of the death penalty with a view toward its eventual abolition. The influence of this latter view may be seen in efforts to reduce the impact of executions on the public consciousness by keeping them private and less overtly violent. Lethal injection is gaining popularity in some developed urban areas. The future of the death penalty in China will ultimately rest on whether it is governed by the rule of law, respected by state custodians of power and the public, rather than being subject to the political interests of those in power at any given time. 8 notes and 8 references