ABSTRACT

The death penalty is the taking of a human life by a government in response to a crime committed by that legally convicted person. It represents one of the most divisive and controversial governmental practices in many countries. Proponents of the death penalty frequently cite justice, retribution, and deterrence as reasons for their support of the death penalty. The impetus for China’s death penalty reforms is the interplay between two forces: the international abolitionist movement and domestic legal reforms. The Criminal Law and Criminal Procedure Law are the two main legal stipulations governing the death penalty in China. The Criminal Law and Criminal Procedure Law were both passed in 1979 and were substantially revised in 1997 and 1996, respectively. Various subsequent amendments further modified both of these laws in an attempt to reflect ongoing social change. Consistent with international norms, China continues to expand the categories of persons exempt from the death penalty.