The death penalty and society in contemporary China
| Date | 01 April 2008 |
| DOI | 10.1177/1462474507087196 |
| Published date | 01 April 2008 |
| Author | Wang Yunhai |
| Subject Matter | Articles |
The death penalty and
society in contemporary
China
WANG YUNHAI
Hitotsubashi University, Japan
Abstract
Why are death penalty provisions, convictions and executions so prevalent in China?
This article aims to answer this question by way of defining China as a ‘state power’-
based society characterized by a socialist social system. The prevalence of the death
penalty in China can be explained in terms of the following factors: first, the death
penalty is a political issue of state power; second, the death penalty is a crucial part of
criminal policy in a ‘state power’-based society; third, the issue of whether to retain the
death penalty is a political rather than a legal matter. The Chinese government has
improved its death penalty system in recent years; however, the situation has not funda-
mentally changed. The future of death penalty policy and practice in China will depend
primarily on legal rather than democratic developments. The death penalty serves as a
focal point that can help illuminate issues of punishment and society in East Asia.
Accordingly, this article will elaborate my theories regarding the death penalty in
contemporary China, with the primary intent of elucidating the relationship between
punishment and society in China.
Key Words
China • crime control • death penalty
WHAT IS THE STATUS OF THE DEATH PENALTY IN CHINA?
Of all the countries in the world today, China ranks among the highest in the number
of criminal death sentences and executions. Some estimates indicate an average rate of
1000 executions per year; others suggest rates of over 8000.1In any case, the actual
numbers are unknown to the general public because, to date, the Chinese government
has refused to reveal these data. One can know only the number of offenses punishable
by death in China, as these have been proscribed in the criminal law.
Two criminal codes have been passed and enforced since the People’s Republic of China
was founded in 1949, the first in 1979, and the second in 1997 (currently in effect).
137
PUNISHMENT
& SOCIETY
Copyright © SAGE Publications
Los Angel es, L ondon,
New Delhi and Singapore.
www.sagepublications.com
1462-4745; Vol 10(2): 137–151
DOI: 10.1177/1462474507087196
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