Death Penalty in China after the Ninth Amendment: Legislatively Abolishing and Judicially Limiting

Huang G

doi:10.15744/2348-9804.4.303

Death Penalty in China after the Ninth Amendment: Legislatively Abolishing and Judicially Limiting

JOURNAL OF FORENSIC SCIENCE & CRIMINOLOGY ◽

10.15744/2348-9804.4.303 ◽

2016 ◽

Vol 4 (3) ◽

Author(s):

Huang G

Keyword(s):

Death Penalty ◽

Ninth Amendment

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Life Imprisonment without Parole in China: Substituting Death for Economic Crimes

Global Political Review - Fall 2018 ◽

10.31703/gpr.2021(vi-iii).02 ◽

2021 ◽

Vol VI (III) ◽

pp. 13-26

Author(s):

Hafiz Abdul Rehman Saleem ◽

Imtiaz Ahmad Khan ◽

Hamid Mukhtar

Keyword(s):

Death Penalty ◽

Justice System ◽

European Convention ◽

Death Sentence ◽

Judicial Discretion ◽

Life Imprisonment ◽

Law Of Peoples ◽

Republic Of China ◽

Economic Crimes ◽

Ninth Amendment

Life imprisonment without parole and commutation (LWOP) came under Ninth Amendment to the 1997 Criminal Law of Peoples Republic of China as a proviso to the suspended death penalty for corruption crimes. The legislative intent given for the arrival of new punishment depicts LWOP as a solution for the disparity in a suspended death sentence, controlling judicial discretion and proportional punishment for corruption which is debated as not an exhaustive and compelling justification. The manuscript addresses a substantive question; if LWOP is suitable for the criminal justice system in China? And is answered under three normative claims, namely necessity, effectiveness, and humanness.The examination of the topic contends LWOP is more of an effective tool in broader anti-corruption strategy than a need for domestic utilization.LWOP in China gives no hope of release and stands inconsistent with Article 3 of the European Convention on Human Rights

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