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. China was the world leader with likely thousands of executions a year. The cooperation between excellent Chinese … ... highlighting the fact 20 countries in the region had now abolished the death penalty… [15] In Chinese philosophy, capital punishment was supported by the Legalists, but its application was tempered by the Confucians, who preferred rehabilitation and mercy over capital punishment. [36] The SPC's second criminal division is dedicated to handling review of some of the most sensitive cases. [63] 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. This page was last edited on 7 January 2021, at 09:44. [46], 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. 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. 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. 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… [30] Other media, such as Internet message boards, have become outlets for confirming death penalty cases usually after a sentence has been carried out. Amnesty International recorded 657 executions in 20 countries in 2019, a decrease of 5% compared to 2018 (at least 690). 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 2003, a local court sentenced the leader of a triad society to a death sentence with two years of probation. Amnesty … As a result of its reforms, the PRC's government claims, the Supreme People's Court overturned about 15 percent of the death sentences handed down by high courts in the first half of 2008. These are defined in the criminal law of China, which comprehensively identifies criminal acts and their corresponding liabilities. 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. Lethal injection and shooting are the only methods authorized by China's Criminal Procedure Law of 1996. “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. Examining a criminal by torture began in the Qin Dynasty when judges, after a preliminary hearing and investigation, used bambooing and bastinado to force the offender to admit to committing the crime. The unusually harsh sentence could send a signal that Mr. Xi is not ready to ease his anticorruption campaign, which he began shortly after he took control of the Communist Party in late 2012. [36], If the lower court death sentence is upheld, the execution is carried out shortly thereafter. Information about the death penalty in China was limited and studies on the death penalty in China were relatively rare. Elon Musk has become the world’s richest person, as Tesla’s stock rallies. 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. China’s high courts are like this, those who shouldn’t be executed are, while those who should aren’t. [40], Since 1980, the state's security apparatus has initiated various "strike hard" (Chinese: 严打; pinyin: Yándǎ) campaigns against specific types of crime. The Supreme People's Court distributed the execution kits, developed by the China Academy of Medical Science Pharmaceutical Institute, and the first experiments occurred in 1997. 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. This unique sentence is used to emphasize the seriousness of the crime and the mercy of the court, and has a centuries-old history in Chinese jurisprudence. Her sentence was later reduced. The number of capital offences spiked again under the Ming dynasty (1368-1644), with 282 capital offenses, and the Qing dynasty (1644-1911), with more than 800 capital offences. Most executions took place in China, Iran, Saudi Arabia, Iraq and Egypt – in that order. [38] 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. Execution vans are unique to China, however. Daimler responds: ‘We depend on a reliable and stable political framework.’. The death penalty has been a part of the Chinese culture for thousands of years. Capital punishment is a legal penalty in the mainland of the People's Republic of China. [29] 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. [47] The crimes that were removed were:[48][49][50][51], The execution protocol is defined on the criminal procedure law, under article 252:[52], 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. [18] The Tang Code (653 CE) listed 233 capital offenses, and the Song dynasty (960-1279) retained these and added sixty more over time. The National People's Congress Standing Committee adopted an amendment to reduce the number of capital crimes from 68 to 55. 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. In 2011, China abolished the death penalty for 13 crimes in Amendment VIII to the Criminal Law of PRC,[29] which was the most important amendment passed since 1997. The judgment against Lai Xiaomin, a former chairman of Huarong Asset Management, followed a shift away from capital punishment for white-collar crimes. The death penalty is used in 53 countries including China and 31 states within the USA to punish capital offenses. [37], 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,[35] they do actual death sentences. [29], In addition to decreasing the number of capital offenses, in Article 3 of Amendment VIII, the article states that seniors aged 75 years old and older should only be sentenced to death when they have caused the death of another person by cruel and unusual means. In many instances the application of the law is arbitrary. 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… A rare death penalty used to be given to one good, the aged senior banking regulator Lài Xiǎomín 赖小民, and 4 other senior officers had Under the Yuan dynasty, the "number of separate capital provisions" precipitously dropped, reaching a low of 125 crimes. [10] The exact numbers of executions, and death sentences, are considered a state secret by China, and not publicly available. 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. [17], During China's early dynasties, capital punishment and amputation were predominant among the five punishments. He confessed to taking cash bribes last year in a televised show on state media. The death penalty handed out to a former Chinese finance chief found guilty of corruption has been heavily criticised by human rights groups. Xiao's policy includes improving the quality of appeals by mandating that the SPC, rather than simply the high people's court, review capital crime cases; increasing use of the "death sentence with two years' probation"; and requiring "clear facts" and "abundant evidence" for capital cases.[35]. Simon & Schuster faces calls to drop Senator Hawley’s book. The people's court that caused the death sentence to be executed shall submit a report on the execution to the Supreme People's Court. As a rule, the death penalty is preceded by court proceedings that result in the death sentence followed by the execution. "[29], Capital punishment has widespread support in China, especially for violent crimes, and no group in government or civil society has vocally advocated for its abolition except some that are based in Europe. In 2010, Chinese authorities moved to have lethal injection become the dominant form of execution; in some provinces and municipalities, it is now the only legal form of capital punishment. "Canada is profoundly concerned that China has chosen to apply the death penalty to Mr. Xu. [32] According to "The Death Penalty in China: Reforms and Its Future", "it also represents the most conservative estimate of death sentences and executions in China due to the following accounting rules: 1) when there is doubt of accuracy, figures were excluded; 2) where two conflicting reports existed, the lower figure was used; 3) when a combined figure of death sentences and prison sentences was given, only one death sentence was recorded; and 4) when a group was sentenced to death, only one sentence was entered. However, the public opinion was that the sentence was too light. [64][65] In December 2005, China’s deputy health minister Huang Jiefu admitted that the country harvested organs from executed prisoners. [53] 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. In Mainland China, there are 46 criminal offenses eligible for the death penalty. China executes more people than rest of world combined, Amnesty report reveals. Among them were CEFC China, an energy company, and HNA, a conglomerate with businesses ranging from hotels to airlines. [66], 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. Executed and not executed, the decision is always correct. The fourth type of punishment system was structured according to booty, loot, and spoil. Thus, the death penalty is issued in cases that are deemed to impact social stability. [63] In 2009, Chinese authorities acknowledged that two-thirds of organ transplants in the country could be traced back to executed prisoners and announced a crackdown on the practice. [13] 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. According to Amnesty International, two-thirds of the nations of the world have abolished the death penalty, including 30 countries over the past decade.Only 21 of the 192 UN member nations carried out executions last year. China executed thousands of people last year while Iran was in second place with more than 250 death sentences, Amnesty International revealed … 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. Following conviction of these crimes, the punishment ranged from fifty blows or death by hanging. Exercise of the death penalty in general - After changes, the reform officially stated the principle of killing fewer and cautiously. In such case, the execution ground normally will have three perimeters: the innermost 50 meters is the responsibility of the execution team; the 200 meter radius from the center is the responsibility of the People's Armed Police; and the 2 km alert line is the responsibility of the local police. 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). [39] The SPC also issued a policy in 2007 which required lower courts to arrange for the visitation of condemned criminals by relatives; forbade the practice by local authorities of parading prisoners on death row; and required that executions be publicly announced. [citation needed], Mainland China commonly employs two methods of execution. The last wave of international death penalty abolition has been influenced by the process of democratization and has inspired constitutions that protect the right to live. [26][27][28][10] Given conservative and variable estimates of executions in China, executions in China account for more than 58% in 2009 and 65% in 2010 of those worldwide.[29]. 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. [56] According to "The Death Penalty in China: Reforms and Its Future", the 13 crimes (19% of the total number of crimes punishable through death) were: "smuggling of cultural relics; smuggling of precious metals; smuggling of precious animals or their products; smuggling of ordinary freight and goods; fraud connected with negotiable instruments; fraud connected with financial instruments; fraud connected with letters of credit; false invoicing for tax purposes; forging and selling value-added tax invoices; larceny; instructing in criminal methods; excavating and robbing ancient cultural sites or ancient tombs, and excavating and robbing fossil hominids and fossil vertebrate animals". 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). [citation needed], In practice, China traditionally uses the firing squad as its standard method of execution. Through international interventions and policies, like the European Union-led campaign against the death penalty in China since the mid-2000s, there has been an increased exchange of anti-death penalty knowledge and ideologies, dissemination of original information, and legislation geared towards scaling down the wide application of the death penalty. 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. “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. But sub-Saharan Africa named 'beacon of hope' as overall global rates fall . His family claimed that Mr. Zeng was executed before it was told, in an episode that sparked anger online. Information about the death penalty in China was limited and studies on the death penalty in China were relatively rare. [41] Since April 2019[update], a proposed extradition bill has sparked massive protests. Since the economic reforms and the “open door” policy instigated in the early 1980s, increasing attention was given to the death penalty in China. Questioning of convicted person during review - In principle, SPC judges should question the convicted person. The death penalty was abolished in Britain in 1965, but there has been much debate over if it should be reintroduced. [42] Executions under the pretense of political crimes are extremely rare and confined to persons involved in violence or the threat of violence. In 2013, officials executed Zeng Chengjie after a court convicted him of financial crimes. “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. 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