The death penalty in contemporary China
In: Palgrave series on Asian governance
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In: Palgrave series on Asian governance
In: Routledge Studies on China in Transition
In: Routledge Studies on China in Transition Ser.
Despite a resurgence in the number of studies of Chinese social control over the past decade or so, no sustained work in English has detailed the recent developments in policy and practice against serious crime, despite international recognition that Chinese policing of serious crime is relatively severe and that more people are executed for crime in China each year than in the rest of the world combined.In this book the author skilfully explores the politics, practice, procedures, and public perceptions of policing serious crime in China, focusing on one particular criminal justice
In: Routledge studies on China in transition
1. The rise of campaign justice -- 2. The campaign template -- 3. Striking hard in the new millennium -- 4. Cracks in the campaign armour -- 5. The people's war on drugs -- 6. Fighting the collective : the rise of organized crime -- 7. The end of campaign justice?
In: The China journal: Zhongguo-yanjiu, Band 90, S. 194-196
ISSN: 1835-8535
In: The China quarterly, Band 226, S. 299-318
ISSN: 1468-2648
Abstract"Strike hard" anti-crime campaigns, "harmonious justice" and "stability maintenance" are the three key politically inspired agendas of crime control and punishment in 21st-century China. This paper is a study of how discourse has helped to package these agendas and to mobilize politico-legal functionaries into action. It examines discourse in the first weeks of the 2014 "people's war on terror" and the agendas of "harmonious justice" and "stability maintenance" in the Hu Jintao era. It finds that each has been rationalized and shaped by an understanding of the utility of punishment based on Mao's utilitarian dialectics. The political virtuosity of Mao's dialectics is that it can be adapted to suit any political situation. In understanding how Mao connects with criminal justice in China today, this paper identifies what is the "political" in "politico-legal" discourse in the fight against crime in the 21st century.
In: Law & policy, Band 38, Heft 2, S. 143-161
ISSN: 1467-9930
China's criminal justice system has, for decades, been consistently notorious as one of the world's most punitive. Recent reform of the nation's decades‐long harsh criminal justice policy to instead balance severity with greater leniency has given reformist‐minded judges and legal experts some cause for optimism. However, it has also created a judicial dilemma in determining how to apply this more lenient ethos in sentencing some capital crimes. This is particularly the case for the capital crime of transporting drugs, which is the focus of this article. This article reveals how reform can be achieved through skillful legal maneuvering for a crime category that is caught between two contesting views of the social benefits of punishment.
In: The China quarterly: an international journal for the study of China, Band 226, S. 299-318
ISSN: 0305-7410, 0009-4439
In: The China quarterly, Heft 226, S. 299-318
"Strike hard" anti-crime campaigns, "harmonious justice" and "stability maintenance" are the three key politically inspired agendas of crime control and punishment in 21st-century China. This paper is a study of how discourse has helped to package these agendas and to mobilize politico-legal functionaries into action. It examines discourse in the first weeks of the 2014 "people's war on terror" and the agendas of "harmonious justice" and "stability maintenance" in the Hu Jintao era. It finds that each has been rationalized and shaped by an understanding of the utility of punishment based on Mao's utilitarian dialectics. The political virtuosity of Mao's dialectics is that it can be adapted to suit any political situation. In understanding how Mao connects with criminal justice in China today, this paper identifies what is the "political" in "politico-legal" discourse in the fight against crime in the 21st century. (China Q/GIGA)
World Affairs Online
"Strike hard" anti-crime campaigns, "harmonious justice" and "stability maintenance" are the three key politically inspired agendas of crime control and punishment in 21st-century China. This paper is a study of how discourse has helped to package these agendas and to mobilize politico-legal functionaries into action. It examines discourse in the first weeks of the 2014 "people's war on terror" and the agendas of "harmonious justice" and "stability maintenance" in the Hu Jintao era. It finds that each has been rationalized and shaped by an understanding of the utility of punishment based on Mao's utilitarian dialectics. The political virtuosity of Mao's dialectics is that it can be adapted to suit any political situation. In understanding how Mao connects with criminal justice in China today, this paper identifies what is the "political" in "politico-legal" discourse in the fight against crime in the 21st century.
BASE
In: The China journal: Zhongguo-yanjiu, Band 73, S. 38-58
ISSN: 1835-8535
In: The China journal: Zhongguo yan jiu, Heft 73, S. 38-58
ISSN: 1324-9347
This article examines how financial compensation has been drawn into death sentencing practice and debate in China. The Supreme People's Court is nowadays encouraging judges to mediate between defendants and the families of homicide victims to secure a financial agreement between the two parties that will allow courts to sentence defendants to a twoyear "suspended" death sentence which is commuted to a life sentence after the probation period. The SPC has promoted a series of "standard cases" that exemplify this practice. The controversial practice, dubbed "cash for clemency", complicates the death penalty debate: critics say that it undermines the law and encourages "bargaining" for a life on the part of those who can afford to do so. Others, however, are sympathetic to any practice that can reduce execution rates. This controversy is part of a larger debate on state killing in the world's largest killing state. (China J/GIGA)
World Affairs Online
In: The China journal: Zhongguo-yanjiu, Band 70, S. 210-213
ISSN: 1835-8535
In: Journal of current Chinese affairs, Band 42, Heft 2, S. 51-77
ISSN: 1868-4874
This paper considers the process of constructing the official discourse of weiwen (维稳, stability preservation) in the policing arena in the first decade of the 21st century. It focuses on the pivotal period after 2003 when policing priorities were shifted from "striking hard" at serious crime to pursuing weiwen to contain burgeoning protests and civil dissent, as a move to maintain stability in the early to mid years of the Hu Jintao-Wen Jiabao harmonious society era. We observe how Mao has been central in this process. Stability preservation operations have been rationalised through Maoist ideology using some staples of Maoist discourse, particularly "social contradictions", and policing authorities have adopted key methodological aspects of Maoist campaign-style policing to embed this new weiwen focus in the everyday agendas of policing, while ever more "mass incidents" disrupt the maintenance of stability in China. (JCCA/GIGA)
World Affairs Online
In: Journal of current Chinese affairs, Band 42, Heft 2, S. 51-78
ISSN: 1868-1026