Download or read book China and the Death Penalty Historical and Current Developments written by Michael Sting and published by GRIN Verlag. This book was released on 2016-02-16 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2015 in the subject Law - Comparative Legal Systems, Comparative Law, University of Cologne (Institute of East Asian Studies Seminar / Modern China Studies), course: The political System of VR China, language: English, abstract: “Kill fewer, kill carefully.” According to the wishes of the Chinese Politburo, these two political guidelines are to be implemented in the future in order to simultaneously maintain harmony and order in China. As with any passed laws – independent of country or government –, two questions arise here: 1. What did the prior evolution look like and can obligatory reform prevail? 2. Which competences are the judiciary’s responsibility and is there a guarantee that secure monitoring of law enforcement will be carried out? I will pursue these questions in this paper. For this purpose, I will start by addressing the term “death penalty”, the legal provisions in China as well as its evolution with a particular focus on the “Strike Hard” Campaign and the decentralization process of the courts, which substantially contributed to the need for reform. Furthermore, I will analyze the reformation of the Supreme People’s Court and assess the current state of the political guidelines being strived for and their actual executive implementation. The conclusion should allow for an assessment of the reformation measures, if they have indeed been successful, if there is a need to catch up or if they failed entirely.

Download or read book China s Death Penalty written by Hong Lu and published by Routledge. This book was released on 2010-06-10 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: By all accounts, China is the world leader in the number of legal executions. Its long historical use of capital punishment and its major political and economic changes over time are social facts that make China an ideal context for a case study of the death penalty in law and practice. This book examines the death penalty within the changing socio-political context of China. The authors'treatment of China' death penalty is legal, historical, and comparative. In particular, they examine; the substantive and procedures laws surrounding capital punishment in different historical periods the purposes and functions of capital punishment in China in various dynasties changes in the method of imposition and relative prevalence of capital punishment over time the socio-demographic profile of the executed and their crimes over the last two decades and comparative practices in other countries. Their analyses of the death penalty in contemporary China focus on both its theory - how it should be done in law - and actual practice - based on available secondary reports/sources.

Download or read book The Death Penalty in China written by Bin Liang and published by Columbia University Press. This book was released on 2015-12-01 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Featuring experts from Europe, Australia, Japan, China, and the United States, this collection of essays follows changes in the theory and policy of China's death penalty from the Mao era (1949–1979) through the Deng era (1980–1997) up to the present day. Using empirical data, such as capital offender and offense profiles, temporal and regional variations in capital punishment, and the impact of social media on public opinion and reform, contributors relay both the character of China's death penalty practices and the incremental changes that indicate reform. They then compare the Chinese experience to other countries throughout Asia and the world, showing how change can be implemented even within a non-democratic and rigid political system, but also the dangers of promoting policies that society may not be ready to embrace.

Download or read book Chinese Netizens Opinions on Death Sentences written by Bin Liang and published by University of Michigan Press. This book was released on 2021-11-15 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few social issues have received more public attention and scholarly debate than the death penalty. While the abolitionist movement has made a successful stride in recent decades, a small number of countries remain committed to the death penalty and impose it with a relatively high frequency. In this regard, the People’s Republic of China no doubt leads the world in both numbers of death sentences and executions. Despite being the largest user of the death penalty, China has never conducted a national poll on citizens’ opinions toward capital punishment, while claiming “overwhelming public support” as a major justification for its retention and use. Based on a content analysis of 38,512 comments collected from 63 cases in 2015, this study examines the diversity and rationales of netizens’ opinions of and interactions with China’s criminal justice system. In addition, the book discusses China’s social, systemic, and structural problems and critically examines the rationality of netizens’ opinions based on Habermas’s communicative rationality framework. Readers will be able to contextualize Chinese netizens’ discussions and draw conclusions about commonalities and uniqueness of China’s death penalty practice.

Download or read book Executions in the United States 1608 1987 written by M. Watt Espy and published by Inter-University Consortium for Political & Social Research. This book was released on 1987 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study furnishes data on executions performed in the United States under civil authority. It includes a description of each individual executed and the circumstances surrounding the crime for which the person was convicted. Variables include age, race, name, sex, and occupation of the offender, place, jurisdiction, date and method of execution and the crime for which the offender was executed.

Download or read book The Next Frontier written by David T Johnson and published by Oxford University Press. This book was released on 2008-12-29 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, two-thirds of the world's nations have abolished the death penalty, either officially or in practice, due mainly to the campaign to end state executions led by Western European nations. Will this success spread to Asia, where over 95 percent of executions now occur? Do Asian values and traditions support capital punishment, or will development and democratization end executions in the world's most rapidly developing region? David T. Johnson, an expert on law and society in Asia, and Franklin E. Zimring, a senior authority on capital punishment, combine detailed case studies of the death penalty in Asian nations with cross-national comparisons to identify the critical factors for the future of Asian death penalty policy. The clear trend is away from reliance on state execution and many nations with death penalties in their criminal codes rarely use it. Only the hard-line authoritarian regimes of China, Vietnam, Singapore, and North Korea execute with any frequency, and when authoritarian states experience democratic reforms, the rate of executions drops sharply, as in Taiwan and South Korea. Debunking the myth of "Asian values," Johnson and Zimring demonstrate that politics, rather than culture or tradition, is the major obstacle to the end of executions. Carefully researched and full of valuable lessons, The Next Frontier is the authoritative resource on the death penalty in Asia for scholars, policymakers, and advocates around the world.

Download or read book The Death Penalty in Contemporary China written by S. Trevaskes and published by Springer. This book was released on 2012-07-16 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: China's infamous death penalty record is the product of firm Party-state control and policy-setting. Though during the 1980s and 1990s, the Party's emphasis was on "kill many," in the 2000s the direction of policy began to move toward "kill fewer." This book details the policies, institutions, and story behind the reform of the death penalty.

Download or read book Moving Away from the Death Penalty written by Ivan Šimonović and published by UN. This book was released on 2014 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Capital punishment is irrevocable. It prohibits the correction of mistakes by the justice system and leaves no room for human error, with the gravest of consequences. There is no evidence of a deterrent effect of the death penalty. Those sacrificed on the altar of retributive justice are almost always the most vulnerable. This book covers a wide range of topics, from the discriminatory application of the death penalty, wrongful convictions, proven lack of deterrence effect, to legality of the capital punishment under international law and the morality of taking of human life.

Download or read book The Contradictions of Chinese Capital Punishment written by Tobias Johnson Smith and published by . This book was released on 2020 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: This project uncovers the causes and consequences of China’s death penalty reform in the 21st century. China is the world’s leading executioner state. Yet in recent years China has also become a leading death penalty reformer. This reform took place through the courts. In 2007 the Supreme People’s Court (SPC) reinstituted a process of central review and approval of death sentences that reportedly led to a significant decline in death sentences nationwide.Why did a one-party authoritarian state empower the judiciary to restrain state punishment? And what were the political effects of this shift? I adopt an explicitly comparative method to answer these questions. Throughout, I consider China’s court-focused death penalty reform in light of another country that also used the judiciary to regulate capital punishment: the United States. My findings rest on a diverse body of evidence including case verdicts, statutes and Chinese-language scholarship. The centerpiece of my materials is an original data set of more than 70 interviews I conducted with death penalty stakeholders in China.The first part of the project explains the causes of reform in China. In Chapters One and Two I examine the politics and functions of capital punishment administration in late Imperial China and the People’s Republic of China (PRC). I show that in late Imperial China the administration of capital punishment was tightly controlled through an extensive process of hierarchical review with relatively few executions. I argue that this process served a crucial and under-recognized auditing function in helping the state regulate hazards from its own local bureaucracy. In Chapter Two I show that by contrast the political environment of the early PRC produced a heavy reliance on capital punishment with little central oversight. I contend that the implementation of death penalty review in the 21st century was not driven by concerns over the scale of capital punishment, but by a need to reassert central state control over local government.In the second part of this project I turn to the consequences of China’s authoritarian regulation of the death penalty through the courts since 2007. I identify a series of resultant contradictions in four domains: the judiciary, the legal profession, penal legislation and state secrecy. In each of these domains I begin by showing how the Chinese case of death penalty reform diverges from the US example. In Chapter Three I explain how the SPC expanded its administrative capacity in order to handle the additional work of death penalty review. In Chapter Four I show that the process of death penalty review created a new national venue for death penalty defense. While lawyers were not the focus of death penalty reform, reform is shaping the development of a capital defense bar as part of China’s legal profession. In Chapter Five I examine the introduction of a new sanction—life without parole (LWOP)—as an alternative to death for only one capital crime: bribery. The creation of this sentence for a non-violent crime showcases the ways that seemingly obvious rationales for capital punishment, such as permanent incapacitation for dangerous offenders, differ in China and the US. In Chapter Six I explore China’s refusal to reveal data about capital punishment. I show that death penalty reform puts death penalty secrecy at odds with other Chinese legal initiatives promoting transparency, legal representation and due process protections. I conclude by arguing that death penalty reform may have reduced executions, but it has also further institutionalized capital punishment in China, making the practice harder to abolish.

Download or read book Capital Punishment written by Lill Scherdin and published by Routledge. This book was released on 2016-04-08 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: As most jurisdictions move away from the death penalty, some remain strongly committed to it, while others hold on to it but use it sparingly. This volume seeks to understand why, by examining the death penalty’s relationship to state governance in the past and present. It also examines how international, transnational and national forces intersect in order to understand the possibilities of future death penalty abolition. The chapters cover the USA - the only western democracy that still uses the death penalty - and Asia - the site of some 90 per cent of all executions. Also included are discussions of the death penalty in Islam and its practice in selected Muslim majority countries. There is also a comparative chapter departing from the response to the mass killings in Norway in 2011. Leading experts in law, criminology and human rights combine theory and empirical research to further our understanding of the relationships between ways of governance, the role of leadership and the death penalty practices. This book questions whether the death penalty in and of itself is a hazard to a sustainable development of criminal justice. It is an invaluable resource for all those researching and campaigning for the global abolition of capital punishment.

Download or read book World Report 2017 written by Human Rights Watch and published by Seven Stories Press. This book was released on 2017-02-28 with total page 948 pages. Available in PDF, EPUB and Kindle. Book excerpt: The human rights records of more than ninety countries and territories are put into perspective in Human Rights Watch's signature yearly report. Reflecting extensive investigative work undertaken in 2016 by Human Rights Watch staff, in close partnership with domestic human rights activists, the annual World Report is an invaluable resource for journalists, diplomats, and citizens, and is a must-read for anyone interested in the fight to protect human rights in every corner of the globe.

Download or read book The Next Frontier written by David T Johnson and published by Oxford University Press. This book was released on 2009-02-02 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, two-thirds of the world's nations have abolished the death penalty, either officially or in practice, due mainly to the campaign to end state executions led by Western European nations. Will this success spread to Asia, where over 95 percent of executions now occur? Do Asian values and traditions support capital punishment, or will development and democratization end executions in the world's most rapidly developing region? David T. Johnson, an expert on law and society in Asia, and Franklin E. Zimring, a senior authority on capital punishment, combine detailed case studies of the death penalty in Asian nations with cross-national comparisons to identify the critical factors for the future of Asian death penalty policy. The clear trend is away from reliance on state execution and many nations with death penalties in their criminal codes rarely use it. Only the hard-line authoritarian regimes of China, Vietnam, Singapore, and North Korea execute with any frequency, and when authoritarian states experience democratic reforms, the rate of executions drops sharply, as in Taiwan and South Korea. Debunking the myth of "Asian values," Johnson and Zimring demonstrate that politics, rather than culture or tradition, is the major obstacle to the end of executions. Carefully researched and full of valuable lessons, The Next Frontier is the authoritative resource on the death penalty in Asia for scholars, policymakers, and advocates around the world.

Download or read book Capital Punishment in Japan written by Petra Schmidt and published by BRILL. This book was released on 2002 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an overview of capital punishment in Japan in a legal, historical, social, cultural and political context. It provides new insights into the system, challenges traditional views and arguments and seeks the real reasons behind the retention of capital punishment in Japan.

Download or read book The Death Penalty written by Stuart BANNER and published by Harvard University Press. This book was released on 2009-06-30 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: The death penalty arouses our passions as does few other issues. Some view taking another person's life as just and reasonable punishment while others see it as an inhumane and barbaric act. But the intensity of feeling that capital punishment provokes often obscures its long and varied history in this country. Now, for the first time, we have a comprehensive history of the death penalty in the United States. Law professor Stuart Banner tells the story of how, over four centuries, dramatic changes have taken place in the ways capital punishment has been administered and experienced. In the seventeenth and eighteenth centuries, the penalty was standard for a laundry list of crimes--from adultery to murder, from arson to stealing horses. Hangings were public events, staged before audiences numbering in the thousands, attended by women and men, young and old, black and white alike. Early on, the gruesome spectacle had explicitly religious purposes--an event replete with sermons, confessions, and last minute penitence--to promote the salvation of both the condemned and the crowd. Through the nineteenth century, the execution became desacralized, increasingly secular and private, in response to changing mores. In the twentieth and twenty-first centuries, ironically, as it has become a quiet, sanitary, technological procedure, the death penalty is as divisive as ever. By recreating what it was like to be the condemned, the executioner, and the spectator, Banner moves beyond the debates, to give us an unprecedented understanding of capital punishment's many meanings. As nearly four thousand inmates are now on death row, and almost one hundred are currently being executed each year, the furious debate is unlikely to diminish. The Death Penalty is invaluable in understanding the American way of the ultimate punishment. Table of Contents: Abbreviations Introduction 1. Terror, Blood, and Repentance 2. Hanging Day 3. Degrees of Death 4. The Origins of Opposition 5. Northern Reform, Southern Retention 6. Into the Jail Yard 7. Technological Cures 8. Decline 9. To the Supreme Court 10. Resurrection Epilogue Appendix: Counting Executions Notes Acknowledgments Index Reviews of this book: [Banner] deftly balances history and politics, crafting a book that will be valuable to anyone interested in knowing more about capital punishment, no matter what his or her views are on the ethical issues surrounding the topic. --David Pitt, Booklist Reviews of this book: In this well-researched and clear account...Banner charts how and why this country went from having one of the world's mildest punitive systems to one of its harshest. --Publishers Weekly Reviews of this book: Stuart Banner's book is fine and balanced and important. His lucid history of this grim subject is scrupulously accurate...It is refreshingly free of the tendentiousness and the sensationalism that this subject invites. --Richard A. Posner, New Republic Reviews of this book: [The] contrast between the past and the present can now be seen with great clarity thanks to...Stuart Banner and his comprehensive book, The Death Penalty...American historians have been slow to undertake anything like a full-scale study of the subject...Banner's book does much to fill [the gaps]. His book is an important and comprehensive...treatment of the topic. --Hugo Adam Bedau, Boston Review Reviews of this book: Despite the gruesome nature of the book's topic, it is difficult to stop reading. Banner's research is fascinating, his writing style compelling. Given the emotional nature of the subject (few people known to me are wishy-washy about whether the death penalty is moral or immoral), Banner walks the line of neutrality skillfully, without seeming evasive. --Steve Weinberg, Legal Times Reviews of this book: Stuart Banner's The Death Penalty is a tour de force, remarkable for its neutrality as it traces the ways in which the death penalty has been applied, and for what kinds of crimes, from the Colonial era to the present. Banner...writes like a historian who believes perspective is best gained by dispassionately setting out what happened and letting everyone come to his or her own conclusions. I think, in this book, that works wonderfully. On a subject in which emotions run so high, it seems awfully useful to have a dispassionate voice. After all, if Banner allowed his own feelings on the death penalty--pro, con or somewhere in the middle--to be known, the book easily could be dismissed as a diatribe. He doesn't, and it can't. --Judith Neuman Beck, San Jose Mercury News Reviews of this book: Law professor Banner...offers a persuasive examination of the evolution of capital punishment from Colonial times onward. He makes clear that the death penalty has possessed generally consistent support from the US populace, although changes in the sensibilities of juries, executioners, legal theoreticians, and judges have occurred...Highly recommended. --R. C. Cottrell, Choice Reviews of this book: Stuart Banner aptly illustrates in The Death Penalty, like the nation, the death penalty has changed with the times...Banner's account spotlights a number of interesting trends in American history...Mostly evenhanded in the tour he provides through the history of the death penalty and its role in and reflection of American society, he has managed to provide an accessible look at what is a profoundly controversial and complicated subject. --Steven Martinovich, Ft. Lauderdale Sun-Sentinel Reviews of this book: "For centuries," Stuart Banner tells us, "Americans had been proud to possess a criminal-justice system that made less use of the death penalty than just about any other place on the globe, including the countries of western Europe." But no longer. Now we possess "one of the harshest criminal codes in the world." The Death Penalty helps explain that turnaround, but only in the course of a complicated story in which different factors emerge at different times to play often unforeseeable roles...[This is a] superbly told history. --Paul Rosenberg, Denver Post and Rocky Mountain News Reviews of this book: Stuart Banner's lucid, richly researched book brings us, for the first time, a comprehensive history of American capital punishment from colonial times to the present. He describes the practices that characterized the institution at different periods, elucidates their ritual purposes and social meanings, and identifies the forces that led to their transformation. The book's well-ordered narrative is interspersed with individual case histories, that give flesh and blood to the account. --David Garland, Times Literary Supplement Reviews of this book: [An] informative, even-handed, chillingly fascinating account of why and how the U.S. government and many state governments decided to sponsor executions of criminals--even though innocent defendants might die, too. --Jane Henderson, St. Louis Post-Dispatch Reviews of this book: Stuart Banner's The Death Penalty is a splendidly objective achievement. Delightfully written, free of academic pretense, liberally sprinkled with apt references from contemporary sources, the book exhaustively explores the multifaceted evolution of America's penal practices. --Elsbeth Bothe, Baltimore Sun The Death Penalty is certain to be the definitive account of the American experience with capital punishment, from its beginnings in the seventeenth century, to the execution of Timothy McVeigh in 2001. This is a first rate piece of scholarship: well written, deeply researched, fascinating to read, and full of insights and good common sense. It is, in my view, one of the finest books to deal with this troubled and troubling subject. Historical and legal scholarship owe a debt of gratitude to Stuart Banner. --Lawrence Friedman, Stanford Law School A masterful book. This is a long overdue account which fills a huge gap in our understanding of America's long and complex relationship to state killing. With meticulous scholarship and lucid prose, Banner has written a compelling account of the place of capital punishment in our society. It sets the standard for all future scholarship on the history of the death penalty in America. --Austin Sarat, author of When the State Kills: Capital Punishment and the American Condition The Death Penalty, a study we have badly needed, is the first history of the nation's engagement--as well as its disengagement--with capital punishment from the country's earliest days to the present. With a sure grasp of the constitutional issues, Stuart Banner greatly advances a conversation at last underway about the rightness of putting people to death for having inflicted a death. Banner's greatest and most useful feat is remaining dispassionate on a subject that he cares deeply about--as do a growing number of his fellow Americans. --William S. McFeely, author of Proximity to Death The Death Penalty beautifully explains the changing paths traveled by supporters and opponents of capital punishment over the years. It explores a subject of enormous symbolic importance to Americans today, linking our views about the death penalty to our larger concerns about crime. --David Oshinsky, author of "Worse Than Slavery": Parchman Farm and the Ordeal of Jim Crow Justice Banner's book is a superbly detailed and textured social history of a subject too often treated in legal abstractions. It demonstrates how capital punishment has gnawed at the conscience and imagination of Americans, and how it has challenged their efforts to define themselves culturally, politically, and racially. --Robert Weisberg, Stanford Law School

Download or read book The Battle for China s Spirit written by Sarah Cook and published by Rowman & Littlefield. This book was released on 2017-05-16 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Battle for China’s Spirit is the first comprehensive analysis of its kind, focusing on seven major religious groups in China that together account for over 350 million believers: Chinese Buddhism, Taoism, Catholicism, Protestantism, Islam, Tibetan Buddhism, and Falun Gong. The study examines the evolution of the Communist Party’s policies of religious control, how they are applied differently to diverse faith communities, and how citizens are responding to these policies. The study—which draws on hundreds of official documents and interviews with religious leaders, lay believers, and scholars—finds that Chinese government controls over religion have intensified since November 2012, seeping into new areas of daily life. Yet millions of religious believers defy official restrictions or engage in some form of direct protest, at times scoring significant victories. The report explores how these dynamics affect China’s overall social, political, and economic environment, while offering recommendations to both the Chinese government and international actors for how to increase the space for peaceful religious practice in a country where spirituality has been deeply embedded in its culture for millennia.

Download or read book Capital Punishment Update written by Lorraine V. Coyne and published by Nova Publishers. This book was released on 2007 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: The issue of capital punishment will not go away. This new book presents new and significant analyses related to recent Supreme Court cases and new books on the topic.

Download or read book Life and Death in Shanghai written by Cheng Nien and published by Grove/Atlantic, Inc.. This book was released on 2010-12-14 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: A woman who spent more than six years in solitary confinement during Communist China's Cultural Revolution discusses her time in prison. Reissue. A New York Times Best Book of the Year.