China Adheres to Limiting Use of Capital Punishment

Since 2007, the Supreme People's Court reviews every single case involving the death penalty. Owing to the seriousness of such criminal cases, the country is refining the review process and making its legal articles more precise and more cautious.

China’s policy on the death penalty is one of "combining punishment with leniency" and opposing the advocacy of "heavy penalty" and "severe punishment".

The most recent version of the draft amendment to the Criminal Procedure Law deals specifically with the death penalty review process.

After reviewing a case, the Supreme People’s Court should issue a clear verdict on whether the penalty is warranted. If it isn’t, the Court may return the case to the lower-level courts for retrial or a rejudgement.

The amendment also allows the Supreme People’s Court to question the defendants, and directs the Court to hear the opinions of the defendants’ lawyers. The Supreme People’s Procuratorate could make suggestions to the Court, which must inform the Procuratorate of the results of the review.

These amendments reflect the cautiousness when it comes to the death penalty. The aim is to enhance the legal supervision of the entire process so as to ensure justice.

Lang Sheng, vice director of the Commission for Legislative Affairs of the National People's Congress (NPC) Standing Committee, speaks during a news conference of the Fifth Session of the 11th NPC on the draft amendment to the Criminal Procedural Law in Beijing, capital of China, March 8, 2012. [Xinhua]