Hong Kong (CNN) The first … But its use for crimes like embezzlement, bribery and corruption has dropped in recent years amid public disapproval. He was convicted of graft, corruption and bigamy . In a brief report in May[year needed], Xinhua quoted anonymous sources as saying Chinese courts handed down 30 percent fewer death sentences in 2007 compared with 2006. The cooperation between excellent Chinese … The death penalty handed out to a former Chinese finance chief found guilty of corruption has been heavily criticised by human rights groups. Revolution in China 1912, Prisoners for execution - the fatal blow, China. Open trial in second instance court - In cases that may result in immediate execution, there must be an open trial. The judgment against Lai Xiaomin, a former chairman of Huarong Asset Management, followed a shift away from capital punishment for white-collar crimes.  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. Shocking extent of Viet Nam executions uncovered In Malaysia and Viet Nam, new disclosures reveal that the scale of the executions in those countries was even higher than thought. Amnesty International believed that the total figure was likely to be much higher. , This does not include sites in the Republic of China (Taiwan), Coalition to Investigate the Persecution of Falun Gong, Børge Bakken, "The Norms of Death: On Attitudes to Capital Punishment in China" in. China’s highest court approved the death sentences carried out in Lufeng, according to local media reports. “A lot of the messages that the Chinese authorities try to send with these judgments, you are meant to fill in the blanks and come to your own conclusions,” he said. In sentencing Mr. Lai, the court picked a high-profile target.  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. Simon & Schuster faces calls to drop Senator Hawley’s book. Lai Xiaomin, the former chairman of Huarong Asset Management, was found guilty by a court in the coastal city of Tianjin of receiving some $277 million in bribes between 2008 and 2018. Huarong was set up in the late 1990s to take on the failing loans of state-owned companies — a type of outfit known as a “bad bank” — lifting the burden from big state-run lenders that were looking to sell shares to the public. Information about the death penalty in China was limited and studies on the death penalty in China were relatively rare. , Historically, poorer and lower-status Chinese were most often subject to capital punishment; however, officials and others of high-rank were put to death as a means of social control in times of war, internal disarray, or strife. Zhen Lin is one of the few people inside China working to advocate against the death penalty. He confessed to taking cash bribes last year in a televised show on state media. In recent times, the People's Courts’ judicial police officers (Chinese: 法警; pinyin: fǎjǐng) assumed this role. Thus, the death penalty is issued in cases that are deemed to impact social stability. When a case involving the death penalty is sent to the SPC for mandatory review, the case is delivered to one of the court’s five divisions according to the geographic origin of the case or, in some cases, the type of crime involved. China’s high courts are like this, those who shouldn’t be executed are, while those who should aren’t. For those seniors who have committed crimes of negligence, their sentences can be lighter or mitigated. Notice Improving Work on Open Trial for Second Instance Case with Death Sentences (December 7, 2005), Provisions on Some Issues Concerning the Court Trial Procedures for the Second Instance of Cases Involving the Death Penalty (for Trial Implementation) (September 21, 2006), Amendment to the Organic Law of the People's Court (October 31, 2006), Provision of the SPC on Several Issues Concerning the Review of Death Penalty Cases (February 27, 2007), Opinion on Strengthening Handling Cases in Strict Accordance with Law and Guaranteeing the Quality of Handling Death Penalty Cases (March 9, 2007), Provisions Concerning Issues in Examination of Evidence in Handling Death Penalty Cases (June 13, 2010), Regulation on Issues Concerning Exclusion of Illegal Evidence in Handling Criminal Cases (June 13, 2010). Canada opposes the use of the death penalty in all cases, everywhere," said the statement. REUTERS/Bobby Yip. Congressional-Executive Commission on China, Learn how and when to remove this template message, Comprehensively Deepening Reforms Commission, Central Commission for Discipline Inspection, Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, Education, Science, Culture and Public Health, Environment Protection and Resources Conservation, State Council (Central People's Government), State-owned Assets Supervision & Administration Commission, State Administration for Sci., Tech. , Mainland Chinese authorities have recently been pursuing measures to reduce the number of crimes punishable by death, and limit how often the death penalty is utilized. Globally, of the 195 United Nations states, 54 countries retain capital punishment, 108 countries have completely abolished it de jure for all crimes, 7 have abolished it for ordinary crimes (while maintaining it for special circumstances such as war crimes) and 27 are abolitionist in practice. China has ratified more than 200 international covenants in recent decades and has taken on international responsibilities like respecting the right to life and thus limiting the use of capital punishment. The attending court clerk shall, after the execution of a death sentence, make a written record thereon.  It is mostly enforced for murder and drug trafficking, and executions are carried out by lethal injection or gun shot. The Death Penalty in China needs to be read by everyone concerned with the project of eliminating capital punishment throughout the world.--from the foreword by Roger Hood, emeritus professor of criminology, University of Oxford This outstanding book describes proficiently what is known and knowable about the death penalty in transition in China today. In many instances the application of the law is arbitrary.  Each case is then assigned to a panel of three judges, one of whom is designated as the principal case manager. , In practice, China traditionally uses the firing squad as its standard method of execution. Both came under regulatory scrutiny after officials became skeptical of companies that borrowed heavily to build their business empires. , By both confirmed and estimated data, the number of executions from capital punishment in Mainland China is far higher than any other country, while the number per capita is comparable to Vietnam and Singapore, and lower than several other countries, including Saudi Arabia, Iran and Iraq.  Executions under the pretense of political crimes are extremely rare and confined to persons involved in violence or the threat of violence. The exact numbers of people executed in Mainland China is classified as a state secret; occasionally death penalty cases are posted publicly by the judiciary, as in certain high-profile cases. "Chinese law retains the death penalty, while strictly controlling its application. Decapitated heads of Chinese revolutionaries hang by their hair from a pole. When a draft of the Amendment was published in 2010, a foreign reporter commented, "it is believed that the proposed amendment is one of several moves by the Chinese government to soften its image as the world's biggest executioner. According to state-run press agency Xinhuanet, Lai Xiaomin … A court in China has sentenced 10 people to death, mostly for drug-related crimes, in front of thousands of onlookers before taking them away for … Under the Yuan dynasty, the "number of separate capital provisions" precipitously dropped, reaching a low of 125 crimes. The right to seek retribution was codified in the Legal Code of the Qing dynasty (1644-1911), which describes the legal proceedings and punishments for family members who seek revenge and kill the murderer of their relatives. Finally, the fifth classical punishment was a system advocating amnesty, probation, and parole. The government will confiscate his personal assets, it said.  Since April 2019[update], a proposed extradition bill has sparked massive protests. Exclusion of illegal evidence - Evidence that is not acquired through legal means, like confessions obtained through torture must be excluded. ... highlighting the fact 20 countries in the region had now abolished the death penalty… , If the lower court death sentence is upheld, the execution is carried out shortly thereafter.  It is almost always reduced to life or 10 to 15 years imprisonment if no new crime is intentionally committed during the two year probationary period. Per Amnesty International's 2017 death penalty annual report, "Amnesty International recorded at least 993 executions in 23 countries in 2017, down by 4% from 2016 (1,032 executions) and 39% from 2015 (when the organization reported 1,634 executions, the highest number since 1989)." Her sentence was later reduced. Amnesty International recorded 657 executions in 20 countries in 2019, a decrease of 5% compared to 2018 (at least 690).  The SPC's second criminal division is dedicated to handling review of some of the most sensitive cases.  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. , In March 2007, China's representative in the UN Human Rights council, Mr. LA Yifan stated that "the death penalty's scope of application was to be reviewed shortly, and it was expected that this scope would be reduced, with the final aim to abolish it. China executes more people than rest of world combined, Amnesty report reveals. Capital punishment is a legal penalty in the mainland of the People's Republic of China.  The crimes that were removed were:, The execution protocol is defined on the criminal procedure law, under article 252:, In some areas of China, there is no specific execution ground. The issue got an unusual public airing in 2012 when Wen Jiabao, then China’s premier, used his nationally televised annual news conference to caution courts overseeing the case of Wu Ying, a young woman who became a business tycoon but had been sentenced to death for financial fraud. Its Definition and Legal Foundation. A scout team chooses a place in advance to serve as the execution ground. , Since 1980, the state's security apparatus has initiated various "strike hard" (Chinese: 严打; pinyin: Yándǎ) campaigns against specific types of crime. 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. However, the public opinion was that the sentence was too light. , Mainland 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, they do actual death sentences. China was the world leader with likely thousands of executions a year. In 2016 Chinese courts decided four people facing the death penalty were innocent and quashed their death sentences. While many critics are skeptical of Amendment VIII bringing long-term change, the reforms represent a gradual transition towards greater state respect and protection of human rights. But its use for crimes like embezzlement, bribery … Another suspect in the case was also given the death penalty and four others sentenced to between seven years and life in prison, it said. A touching moment was caught on camera when a death-row inmate bade his family last goodbye in China's Heilongjiang province. Mr. Lai took the helm of Huarong in 2012, helping it to expand into new areas like investments and securities. , The role of the executioner was fulfilled in the past by the People's Armed Police soldiers. 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. China: Death Penalty Crimes to Be Reduced (Aug. 31, 2010) On August 23, 2010, a proposed amendment to the Criminal Law of the People's Republic of China was presented to the Standing Committee of China's National People's Congress (NPC).  In 2005 a survey of 2000 respondents showed that 82.1% supported the death penalty while 13.7% supported the abolishment of the death penalty. , The cases of Li Yan (2014) and Wu Ying (2012) are two examples in which the Supreme People's Court reversed a death sentence pronounced by lower courts. Mr. Lai was “lawless and extremely greedy,” the Secondary Intermediate People’s Court of Tianjin said Tuesday in a statement, which added that his actions put national financial security at risk. Some supporters of the death penalty believe that the legitimacy of the death penalty depends on a fair and just judiciary, but the current legal system in China is disproportionately skewed against the disenfranchised. , In 1996 the government made lethal injection a legal method of execution. , During China's early dynasties, capital punishment and amputation were predominant among the five punishments. Thus, capital punishment contributes to the legitimacy of the Communist Party, as the regime is therefore satisfying public sentiment and indignation when corrupt officials are executed. Most of the international criticism stems from the wide scope of capital offenses and the amnesty system.  The Tang Code (653 CE) listed 233 capital offenses, and the Song dynasty (960-1279) retained these and added sixty more over time.  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. , Article 49 in the Mainland Chinese criminal code explicitly forbids the death penalty for offenders who are under the age of 18 at the time of the crime. Huarong did business deals with some of China’s flashiest private companies at a time when they were feeling ambitious. To understand how reforms justify the use of capital punishment, it is important to investigate how and why policies have changed over China’s history. Mr. Lai, 58, was among the highest-profile figures to fall from grace amid a sweeping crackdown on corruption by Xi Jinping, China’s top leader. The campaign has taken down some of his most powerful rivals. The former chairman of a majority state-owned asset management company has been handed the death sentence following what has been described as one of China’s biggest financial crime cases. Death penalty for Lai Xiaomin Lai, the former chairman of Huarong Asset Management, “one of China’s four largest state-owned bad-debt managers…was sentenced to death for bribery on Tuesday by a court in North China’s Tianjin municipality,” Caixin reports. Fan Wei is the second Canadian to be sentenced … This is the lowest number of executions that Amnesty International has recorded in at least a decade. Lai … She works for a small non-government organisation called China Against the Death Penalty. Reports of executions for business-related crimes dropped, though they did not disappear. “Or it could be a message to both.”, China Sentences Former Bank Chief to Death in Rare Move. A high-profile death sentence will send a message, though its interpretation depends on the audience, said Joshua Rosenzweig, the deputy regional director for East and Southeast Asia at Amnesty International. Death sentences shall be executed by means of shooting or injection. A court in China has sentenced a Canadian citizen to death for producing and trafficking methamphetamine. The anti-corruption campaign of Chinese leader Xí Jìnpíng 习近平 is initiating off its ninth yr with a bang. Daimler responds: ‘We depend on a reliable and stable political framework.’. This series of actions is thought of as marking the beginning of China’s tenuous start toward completely abolishing the death penalty.  However, reducing or abolishing the use of death penalty has become a topic of open discussion over the recent years. The death penalty is a major concern in the legal and humanitarian fields. , The first type of classical punishment was a system of torture used in the process of examining a criminal. Because of the inaccessibility to official statistics of the number of executions that occur within the death penalty system, academic researchers must use data compiled by NGOs such as Amnesty International, which is the most cited source of reports regarding rates of execution statistics.  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 giant pandas. However, those statistics do not include China, known as the world's top executioner, because the use … However, public trials in China are rare. It is especially worth noting that in Japan at about the same time, beginning in 724, the death penalty was actually abolished, and miraculously, it was not used for 347 years after that.  According to the Dui Hua Foundation, a U.S.-based organization, the estimated number of executions has declined steadily in the twenty-first century, from 12,000 each year to supposedly 2,400. The number of executions has dropped steadily in the 2000s, and significantly since 2007, when the Supreme People’s Court regained the power to review all death sentences; for instance, the Dui Hua Foundationes… “This could be a message to the public that the Xi regime is still treating corruption as a serious issue, or it could be a message to the business elite in China that they need to keep their noses clean,” Mr. Rosenzweig said. These are defined in the criminal law of China, which comprehensively identifies criminal acts and their corresponding liabilities. By Kirsten Hastings, 5 Jan 21. As a rule, the death penalty is preceded by court proceedings that result in the death sentence followed by the execution. Article 1 states that seniors aged 75 years old or older who have committed crimes may be given lighter sentences. Mo Shaoping, a Beijing-based lawyer, said it’s rare that bribery cases result in the death penalty with many ending up being reprieved to … ", In 2015, billionaire Liu Han was executed for running a criminal gang and ordering at least three murders. Among them were CEFC China, an energy company, and HNA, a conglomerate with businesses ranging from hotels to airlines. In addition, Article 19 dictates that criminals less than 18 years old at the time of a crime who are sentenced to prison terms of less than five years do not have to report to jail in situations of army recruitment and employment. 上海市浦东新区网友 hhsm333: By both confirmed and estimated data, the number of executions from capital punishment in Mainland China is far higher than any other country, while the number per capita is comparable to Vietnam and Thailand, and lower than several other countries, including Saudi Arabia, Iran and the United States. , Mainland China commonly employs two methods of execution. & Industry for National Defense, CPC Central Commission for Discipline Inspection, Central Leading Group for Inspection Work, Commission for Discipline Inspection of the Central Military Commission, Independent Commission Against Corruption (Hong Kong), Judicial Administrative Organs People's Police, Office for Safeguarding National Security of the CPG in the HKSAR, Central Leading Group for Propaganda and Ideology, Central Guidance Commission on Building Spiritual Civilization, Central Publicity (Propaganda) Department, National Press and Publication Administration, National Radio and Television Administration, Central Leading Group on Hong Kong and Macau Affairs, Association for Relations Across the Taiwan Straits, International Development Cooperation Agency, International Military Cooperation Office, State Administration of Foreign Experts Affairs, six gentlemen of the Hundred Days' Reform, Supreme People's Court of the People's Republic of China, National People's Congress Standing Committee, List of miscarriage of justice cases § China, "EU condemns Taiwan's use of death penalty after man's execution for double murder", "中华人民共和国刑事诉讼法 (the Criminal Procedure Law of the People's Republic of China)", "中华人民共和国刑事诉讼法（英文版） [the Criminal Procedure Law of the People's Republic of China (English Version)]", "Cornell Center on the Death Penalty Worldwide", "EXPLAINER-Japan death row executions: hangings secretive, backed by public", "South Korea has 61 people currently on death row", "Singapore executes six men over drug trafficking despite international pleas", "Canadian's death sentence in China 'horrific', family says", "China's Capital Cases Still Secret, Arbitrary", "China ends death penalty for 13 economic crimes", "Beijing calls for an international "fox" hunt", "Overview: We know that, together, we can end the death penalty everywhere", "INFOGRAPHIC: Capital punishment in China", "Chinese billionaire mining tycoon Liu Han is executed over his links to a 'mafia-style' gang", "Billionaire executed for contract murder", "Deciding Death: How Chinese Judges Review Capital Punishment Cases", "China's Supreme Court Overturns Death Sentence of Domestic Violence Survivor", "Selected Legal Provisions of the People's Republic of China Affecting Criminal Justice", "Criminal justice system improved for human rights|Politics|chinadaily.com.cn", Chinese Government Considers Reducing Number of Crimes Punishable by Death, 'China suspends executions for two years', "China: Death Penalty Crimes to Be Further Reduced", "China Reduces Number of Crimes Punishable by Death", "It's a crime, I tell ya: Major Changes in China's Criminal Law Amendment 9", "China reduces the number of crimes punishable by death to 46, but keep drug trafficking in the list", "Criminal Procedure Law of the People's Republic of China - 1996", 'Reducing Death Penalty Crimes in China More Symbol Than Substance', "In Shift, Chinese Carry Out Executions by Lethal Injection", news.xinhuanet.com Capital crimes dropped, "China is the world's top executioner, but it doesn't want you to know that", "International Anti-Death Penalty Advocacy and China's Recent Capital Punishment Reform", China 'using prisoner organs for transplants', 'The beauty products from the skin of executed Chinese prisoners', 'China Turns Out Mummified Bodies for Displays', 'China admits organs removed from prisoners for transplants', Central Committee of the Communist Party of China, Committee for Safeguarding National Security of the Hong Kong Special Administrative Region, Independent Commission Against Corruption, Campaign to Suppress Counterrevolutionaries, Strike Hard Campaign Against Violent Terrorism, Information operations and information warfare, Residential Surveillance at a Designated Location, Beijing Municipal Administration of Prisons, Chongqing Municipal Administration of Prisons, Sichuan Province Prison Administrative Bureau, https://en.wikipedia.org/w/index.php?title=Capital_punishment_in_China&oldid=998856585, Articles lacking reliable references from April 2019, Articles needing additional references from January 2021, All articles needing additional references, Articles needing the year an event occurred from October 2019, Articles containing Chinese-language text, Articles containing simplified Chinese-language text, Articles containing potentially dated statements from April 2019, All articles containing potentially dated statements, Articles with unsourced statements from January 2021, Creative Commons Attribution-ShareAlike License. However, this system of punishment was not practiced often because the Chinese legal system asserted a retributive theory of punishment.  During the 1980s, "economic crimes" such as bribery, drug trafficking, and embezzlement were added to the legal code. , International death penalty abolitionist norms and trends have shaped Chinese death penalty practices significantly in recent years. By Most executions took place in China, Iran, Saudi Arabia, Iraq and Egypt – in that order. The death penalty was abolished in Britain in 1965, but there has been much debate over if it should be reintroduced. The fourth type of punishment system was structured according to booty, loot, and spoil.  The judges write reports summarizing the case, discuss the case, and then report the decision to the division head, SPC vice president, and finally the SPC president. China employs the death penalty widely, though government officials do not disclose figures. Lai Xiaomin in 2015 as co-chairman of Huarong Asset Administration.  Shooting executions were discontinued in 2010 per a People's Supreme Court ruling of February 2009 which held that lethal injection is …  This brought the total number of capital offenses down from 68 to 55, though many of the crimes dropped from the list were rarely if ever punished with death penalty. The list of capital crimes includes counter-revolutionary crimes, such as organizing an "armed mass rebellion"; endangerment of public security, such as committing arson; and crimes against the person, such as the rape of a person under the age of 14. Chinese law provides that all persons who commit crimes are equal in the application of the law. China remained the world’s leading executioner – but the true extent of the use of the death penalty in China is unknown as this data is classified as a state secret; the global figure of at least 657 excludes th… Mr. Lai was kicked out of the Communist Party in 2018 for violating party law and regulations, including abusing his power for sex. Lethal injection and shooting are the only methods authorized by China's Criminal Procedure Law of 1996. But it has also helped him contain concerns in China that party officials were becoming increasingly corrupt. The death penalty shouldn’t be abolished in China Death penalty is one of the oldest punishments in the world, it means end of criminal’s life by law. His family claimed that Mr. Zeng was executed before it was told, in an episode that sparked anger online.  Confucius did not oppose capital punishment absolutely, but did take the view that in a well-ordered society based on moral persuasion, capital punishment would become unnecessary. , The use of capital punishment is active in most East Asian countries and territories, including Japan, North Korea, Malaysia, Thailand, Indonesia, Vietnam, Singapore, South Korea and Taiwan (ROC). 2.The Death Penalty in China and its Historical Evolution 2.1. The term death penalty describes the legally sanctioned killing of a human being. Since the economic reforms and the “open door” policy instigated in the early 1980s, increasing attention was given to the death penalty in China.  Death sentence with reprieve is used to emphasize the seriousness of the crime and the mercy of the court, and sometimes inaccurately added to the number of actual death sentences.  Since 2012, judges are also required to interview defendants before deciding whether or not to confirm a death sentence. , Capital punishment was one of the classical Five Punishments of China's dynastic period. In Mainland China, there are 46 criminal offenses eligible for the death penalty. The government has also reduced the number of … , Thirteen crimes were removed from the list of capital offenses in 2011, including smuggling of cultural relics, wildlife products, and precious metals. This page was last edited on 7 January 2021, at 09:44. Thirdly, there was a system of revenge based on the Confucian philosophy centered around filial piety. “Sentencing Mr. Lai to death will get a lot of support from lower- and middle-class people,” said Zhang Peihong, a partner at Hui Ye Law Firm in Shanghai. , Amnesty International reports that until 2010 among 197 nations worldwide, 96 nations had completely abolished the death penalty, 9 had abolished the death penalty for ordinary crimes, and 34 were abolitionist in practice, meaning that they have not executed anyone for at least 10 years and have generally settled on the policy to not sentence any executions. 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. But its use for crimes like embezzlement, bribery and corruption has in... 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