Strong court, mild punishment : the death penalty and the role of court in contemporary China

Abstract

Since the People’s Republic of China was established more than seventy years ago, the death penalty has been used by the Chinese Communist Party as an important instrument to assert state authority and to crack down what it deems as “the most serious crimes” in particular historical periods. When total abolition of the death penalty has become an irreversible international trend in recent decades, China remains the most frequent user of the death penalty. The political and social conditions surrounding China’s death penalty have become increasingly complex and diverse. The Party-state has promoted “the rule of law” to supply political legitimacy. The role of law has been enhanced and the institutional autonomy of the courts has expanded. At the same time, social conflict is increasing and populism is rising in China. In this context, this thesis studies the dynamic decision-making process in death penalty cases and assess the development and potentials of Chinese courts in restricting and reducing the application of the death penalty in China. This thesis first looks into the reform initiatives taken by Chinese court to restrict the application of the death penalty, and then explores the interaction between the court and political institutions, other criminal justice institutions, defense lawyers and the increasingly influential public opinion in the death penalty decision-making process. Generally speaking, the findings of this research show that although remaining relatively weak in China’s political structure, Chinese courts have significantly improved their professional capacity in dealing with death penalty cases, enhanced their competence in challenging other institutions so as to ensure “killing less and cautiously”, developed different strategies to incorporate and guide public opinions, and succeeded in capturing the Party’s intrusions and internalizing political demands within death penalty decision making. By and large, the courts have played and will continue to play an important role in limiting the application of the death penalty in China. The institutional growth and professional development of Chinese courts could be the best hope for an execution-rare People’s Republic of China in the long-term future.