China's Death Penalty Reform: Developments or Beyond?

Na Jiang

doi:10.4172/2375-4516.1000125

Abstract

In late August 2010, a new draft amendment to the Criminal Law of the PRC, proposing to reduce the number of crimes punishable by death for less executions and better human rights, was submitted to the Standing Committee of the National People's Congress. Even if this amendment becomes effective, the latest development is just a new step closer to abolition of the death penalty and not a landmark at all, without properly filling in the gap between legislation and policy. The Chinese legislation will still deviate from its policy on the death penalty and some ICCPR provisions to a certain degree.

Highlights

China has the world's highest number of executions in total numbers, but no time-frame is available at present for its gradual abolition of the death penalty
The Chinese legislation will still deviate from its policy on the death penalty and some International Covenant on Civil and Political Rights (ICCPR) provisions to a certain degree
Most of legal provisions concerning capital punishment in China appear to conform to the ICCPR, except for the limited scope of pregnant women excluded from execution of capital punishment

Summary

Introduction

China has the world's highest number of executions in total numbers, but no time-frame is available at present for its gradual abolition of the death penalty. Different from the above reduction of crimes punishable by death in number, exemption of certain categories of offenders from the currently applicable scope is another practical approach to restricting the use of capital punishment In detail, both those below 18 years old at the time a capital crime was committed and such women that pregnant at the time of hearing, are exempt from the applicable scope of capital punishment at present. According to the draft amendment, the elder who reached the age of 75 and commits a crime will be given a mitigated punishment, instead of capital punishment In other words, it is very likely for elder offenders above 75 years old to become another group of persons excluded from imposition of the death penalty.

Background

Findings

Conclusion