China's Death Penalty Review: A Perspective from the Case of a Man Spared at the Last Moment

Author: Chen Xingliang
Publisher:
Publish Date: 2003-05-01
Features: Compared to existing discussions on the death penalty, this book, China's Reassessment of the Death Penalty, takes a unique approach by focusing on the "case of sparing a condemned man" that occurred in Shaanxi in the summer of 2002, offering a detailed case study. The book examines the practical operation of the death penalty in China today from both theoretical and practical perspectives, thereby overcoming the previous flaw in death penalty research that emphasized conceptual deduction over empirical investigation. It vividly and realistically shows readers how capital offenses in legislation transform into capital criminals in the judiciary, and how the concepts of advocating severe punishment, pursuing retribution, and the death of killers materialize into a real capital criminal. Through specific cases, the book highlights and amplifies the flaws of the death penalty system. It can be said that through multidimensional examination of widely cases, the book has successfully bridged the gap between death penalty theory and death penalty practice.
With the gradual advancement of the rule of law and the deepening of criminal law research, a large number of specialized books and papers on the death penalty have emerged in recent years. These works range from comprehensive overviews of the death penalty to discussions on its abolition or retention at the theoretical level, or explorations of its limitations, and comparative studies from the perspective of comparative criminal law, among others. However, most of these works are products of conceptual reasoning and theoretical research, with insufficient empirical focus and limited localization. This has created an awkward situation where academia and judicial practice departments struggle to align. Academia struggles to effectively guide practice, and practice departments do not fully absorb theoretical insights.
Renowned for his sharp and meticulous approach to criminal law, Professor Chen Xingliang, who firmly advocates for "deontology-based abolition of the death penalty" and "empirical-based restriction of the death penalty," has led the compilation of this newly published China's Reassessment of the Death Penalty, released by the China Procuratorial Press.