In international discussions China is often criticized for its heavy use of the death penalty; so what is the legal basis for the capital punishment and the procedural background.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- Current Statistics
- Part I - The Death Penalty in Substantive Criminal Law
- Part II - The Death Penalty in Procedural Criminal Law
- Conclusions
- Bibliography
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This work examines the use of the death penalty in Chinese criminal law, providing a detailed overview of its legal basis, procedural context, and current practices.
- Historical and Contemporary Perspectives on the Death Penalty
- The Legal Basis and Scope of the Death Penalty in Chinese Law
- Procedural Safeguards and Review Mechanisms for Death Penalty Cases
- The Role of Public Opinion and Political Considerations in Death Penalty Sentencing
- Comparative Analysis of Death Penalty Practices in China and Other Jurisdictions
Zusammenfassung der Kapitel (Chapter Summaries)
The introduction provides a historical overview of the death penalty, tracing its roots from ancient times to the modern era. It also presents current statistics on the use of the death penalty globally, highlighting China's position in this context. Chapter 1 delves into the legal foundation of the death penalty in Chinese law, outlining the different categories of crimes punishable by death and the specific provisions governing its application. It also discusses the role of public opinion in shaping the use of the death penalty in China. Further chapters delve into procedural safeguards, the role of the courts, and the overall context of death penalty application in China.
Schlüsselwörter (Keywords)
The key terms and concepts explored in this text include: death penalty, capital punishment, Chinese criminal law, substantive law, procedural law, legal basis, procedural safeguards, public opinion, comparative law, and international perspectives.
Frequently Asked Questions
What is the legal basis for the death penalty in China?
The work examines the provisions within Chinese substantive criminal law that outline which crimes are punishable by death.
How is the death penalty handled in procedural law?
It explores the legal steps, from sentencing to review mechanisms, required by Chinese procedural law before an execution can take place.
What role does public opinion play in Chinese death penalty cases?
The study discusses how public sentiment and political considerations influence sentencing and the overall use of capital punishment in China.
Are there procedural safeguards for death penalty cases in China?
Yes, the text analyzes the review processes and safeguards intended to prevent wrongful executions within the Chinese legal system.
How does China's use of the death penalty compare to other countries?
The work provides context on current global statistics and international discussions regarding China's frequent use of capital punishment.
- Quote paper
- Mag. Ludwig Hetzel (Author), 2009, The Death Penalty in Chinese Criminal Law, Munich, GRIN Verlag, https://www.grin.com/document/133452
