ABSTRACT
To understand the death penalty in contemporary Chinese society, a broader approach to the study of the death penalty as law and punishment is benefi cial. This chapter begins with an examination of the legal aspect of the death penalty. Drawing upon several Western perspectives on the study of law (e.g., legal formalism, sociological jurisprudence, and legal realism), it describes the Chinese rationale and conception of law, and the unique sociopolitical and legal conditions that may facilitate or hinder the actual operation of the law on the death penalty. The chapter concludes with a discussion of Chinese theories on punishment that focus on reintegrative shaming and moral education, and its justifi cation and policies on the death penalty.
