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Understanding the Death Penalty in China
Written by Robert Vance on July 2, 2008 – 5:39 pm“He was already dead by the time that I arrived,” a Chinese friend explained to me. “I rode my bicycle as fast as I could to the countryside to see the execution but in the end, I only heard the gun shot.” My friend was recounting to me the story from her hometown of a young man who had been caught stealing 400 RMB from a wealthy lady . He had been quickly handed over to the police and sentenced to death.
“When I arrived at the scene, there were a group of people gathered around the body,” my friend told me. “There was a lot of blood; he had been shot in the head by the police.” My Chinese friend, who was just a little girl when this story happened 25 years ago, told me that the thief had been paraded around town and even made to stand on a platform near her school building to make sure that everyone knew about the crime and understood what was going to happen to the man. Looking back, she tells me, she is glad that she did not arrive in time to witness the execution, but she will never forget the sight of the man laying there in a pool of blood.
Such impromptu executions at the local level may be now very rare in China but the concept behind the death penalty remains the same; paying for a crime with one’s life is the best way to deter other people from committing the same crimes. However, it is not just violent offenders that are punished with death in China. Crimes involving tax fraud and corruption and even drug related charges are eligible for the death penalty in China. Perhaps the most well known death penalty case in China during this decade occurred in 2005 when Zheng Xiaoyu, director of the State Food and Drug Administration was put to death for taking bribes and dereliction of duty. Criminals who continue to backslide may also find themselves facing death for less serious crimes such as theft or fraud.
While China introduced lethal injections in the late 90’s as a method for carrying out the death penalty, my friends and students tell me that most offenders are put to death by a shot to the back of the head from an assault rifle. I have also been told that the families of the offenders are often compelled by the government to purchase the bullet that is used in the gun. While various reasons for this have been put forward by my friends, it is likely that these families must pay for the bullets in order to demonstrate that they understand and accept the reasons for the execution of their loved one.
While there seems to be a ongoing debate in the West as to whether or not the death penalty should be allowed to exist, most Chinese people seem to support the use of capital punishment in their country. For them, modern capital punishment in China is simply a more civilized way of enforcing what has always been an ‘eye for an eye and a tooth for a tooth’ mentality in China. People should pay for their crimes, my Chinese friends and students tell me. Most Chinese people seem dislike the idea of leaving a prisoner in jail for life. When I ask my friends about some of the less serious crimes that are also punishable by death they shrug their shoulders. For them, the idea of one less crook or fraudster on the streets of China seems to be quite pleasant.
Many people wonder if the death penalty will be abolished in China in the near future. Do not count on it. With the Chinese government’s renewed pledge to fight corruption in China in the aftermath of the Sichuan earthquake, it is very likely that the CCP will continue to use the death penalty as an important deterrent. In addition, while there has been some criticism from the international community of the Chinese government on its excessive use of capital punishment, it has not been nearly strong enough to cause any major ‘PR’ problems for the Chinese government. And, as I mentioned before, Chinese public opinion seems to be with the CCP on the issue of the death penalty. Almost everyone in China is willing to do what it takes to lower the crime rates in their developing country.
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The story in the article happened under the 80′ criminal law, the harshest one. In the early stages of ‘reform&open-up’ there used to a severe crack down on crimes and over-punishment was very frequent. I hope that ‘wealthy’ lady was not haunted by the idea of causing unnecessary death. Nowadays a rmb 400 theft isn’t something horrific and street theives get locked up at the worst.
In China capital punishment is indeed supported by the public. There is more cultural reason than pure legislative motives. Once back a while the supreme court somewhat complained that the lacking of public understanding hinders the effort of restricting the use of death penalties.
[...] your family is expected to pay for the bullet that will enter your head. This week in Sino News, I write about the death penalty in China, which is strongly supported by most Chinese people. In China, unlike other countries that [...]
@Robert,
First of all, I doubted the story your Chinese friend told you. 400 RMB equaled to 1year’s salary at that time. I don’t think it’s qualified to be sentenced to death at that time. If it did happen, I think there was big problem of their loacl government to understand the heavy punishment movement policy at that time. At the time of heavy punishment, the theft may be sentenced to more than 10 years perhaps instead of 3 to 10 years.
Which crime could be sentenced to death during heavy punishment movement? It depended on the harmfulness of social effect.
Like robbery with weapon(like knife) in the open area, violent rape, those normally can not be sentenced to death, but the government thought this kind of crime brought very bad consequences and make very harmful to the sociaty and this happened at the time of movement that means they are so dareful to do this. The proverb in China is “No sentence to death unable to ease the anger of the people”. That’s the condition.
But from this thought, you would see that 400 of theft can not generate so many anger of the people and have no big impact on social stable. It’s not qualified to death. I think there are other criminals he did behind or some other reason behind. Wish your friend can make sure he knew full version of the story instead of just piece.
And normally those criminal will not be sentenced to death immediately, normally the movement lasted for 1 or 2 months. At the end of the movement, a public sentence meeting was held in the open area, all of those criminals are senteneced there. The purpose of that is to frighten those who are going to commit crime. After the movement, the rate of criminal decreased sharply. That’s the truth.
Personally I don’t think it’s fair to those sentenced criminals, especially those who just commit the rape. But it’s the past and there were no such kind of heavy punishment movement any more. It has nothing to do the current death peanalty situation. Just wonder why you are going to use such an extreme case to be related to the death penalty now.
When I read articles from Reader Digest discussing about the death penalty in US. Some cases like that the criminal was sentenced into prison and later was paroled and then he commited another rape and killed the victims. Then he returned to prison. Later again that happened.
The question is that the right of non death penalty of the criminal has been protected but why the living right of victim is unable to protect? I think it’s still the debate in US too. That’s why some states are still keeping the death penalty.
Does US government really appreciate for Non death penalty for everyone? I doubt about that. Sadam is the case. It’s an act of hypocrite.
Current Chinese court make the death penalty in very cautious status from my ovservation. Lots of case the criminal was sentenced to death but with 2 years delay for execution. That’s means it will not be executed finally.
Some cases the person will be sentenced to death definetely, like killing people during robbery, drugs etc which has very harmful to the sociaty. This is really supported by most of Chinese people. I heard the discussion about government tried to abandon death penalty but I think people will not agree.
Each year China probably executes more people than any other country in the entire world.
Nobody sentenced to death in China gets a fair trial in line with international standards, according to Amnesty International.
That’s because Chinese system doesn’t presume innocence. It uses evidence extracted under torture. It restricts defendants’ access to lawyers. And it’s subject to political interference.
Put pressure on China to reform its use of the death penalty. Do it now, while the world is watching, in a few months’ time, when the Olympics are over, the world be will looking elsewhere - they won’t care.
http://www.uncensor.com.au
@Kim,
“Each year China probably executes more people than any other country in the entire world.”
Yes, that’s true. But China totally has 1.3billion. The rate will not be higher than other countries.
Amnesty international is not always right. I could say most of the cases shows the right justice. Only a few cases may be disputable.
Even in US, misjudgement is happened. The notorious “Simpson case” is the example. Everyone knew that he commited the crime but he was sentenced to be free.
You said “It uses evidence extracted under torture. It restricts defendants’ access to lawyers. ” . I think you just heard about that, not really saw that. You are still ignorant about the procedure of Chinese interrogation. Torture is forbidden in interrogation by law in China. But there is some people who violated this rule. That’s rare. We know US army tortured the Iraq prisons. Should we conclude that US is the evil government which tortured people all the time?
Please take a look those polictial dissents. Where are they now? Most of them are in US. I’m sure Mr. Hu Jia will join them soon in the future although he is now in prison. None of them have been sentenced to death.
Please think and read more issues by yourself, not simply listen what Amnesty International told you.
According to the Chinese culture, death penalty has to be there. Otherwise the killing rate will increase quickly. That’s the frighten power for those people who wants to use killing to ease their anger.
Any push on this issue is useless. Death penalty is from Chinese people’s will. Other country should respect to Chinese’s own decision. That’s the democracy.
There are more countries you could point to. First you may push Singapore which I support too. Please Don’t waste time on China.
@Kim,
Thanks for your post. I found it interesting that you website (although it seems to be a bit slow here in China) is not blocked. I hope some of our readers check it out.
The main problem with talking about the death penalty in China is that in reality, little is actually known about it. The cases are not generally very well publicized unless the Chinese government has a compelling reason for the public and the world to know.
China’s justice system does need a makeover at all levels. With a country of 1.3 billion people though, it is hard to imagine that a justice system like the U.S. has would ever work here.
While I understand that death penalty is not something we as other fellow citizens should decide, I actually feel that it is the right thing to do. The only thing is that you must be absolutely sure the man is guilty. Yes, it is a good example for all and while we’re not living in middle ages I do believe that having a the death penalty will decrease the level of crimes. I would actually go even further and institute death penalty for every small crime committed consciously, be it Milosevic responsible for thousands of deaths or somebody stealing 1 RMB.
@Serge
Are you serious? China should make death penalty case more open to public, not to institute death penalty for every small crime committed consciously.
the death penalty is just cruel but it also kind of scares people to commit crimes but it should be stopped and life in china isnt that good because evryone is probably so scared to leave here home if they have one