LEADER 04832nam 22006375 450 001 9910851996603321 005 20240417124825.0 010 $a9789819716272 024 7 $a10.1007/978-981-97-1627-2 035 $a(CKB)31801757600041 035 $a(MiAaPQ)EBC31284496 035 $a(Au-PeEL)EBL31284496 035 $a(MiAaPQ)EBC31319783 035 $a(Au-PeEL)EBL31319783 035 $a(DE-He213)978-981-97-1627-2 035 $a(EXLCZ)9931801757600041 100 $a20240417d2024 u| 0 101 0 $aeng 135 $aur||||||||||| 181 $ctxt$2rdacontent 182 $cc$2rdamedia 183 $acr$2rdacarrier 200 10$aOn the Alternative Punishment to the Death Penalty in China /$fby Gui Huang 205 $a1st ed. 2024. 210 1$aSingapore :$cSpringer Nature Singapore :$cImprint: Springer,$d2024. 215 $a1 online resource (245 pages) 311 08$a9789819716265 320 $aIncludes bibliographical references. 327 $aIntroduction -- General views on criminal punishment in China -- The death penalty and its reforms in China and other countries -- The alternative punishment to the death penalty -- General issues concerning life imprisonment -- The approaches of life imprisonment as an alternative to the death penalty in China -- Conclusion. 330 $aThis book presents a study of alternative penalties to the death penalty in China, aiming to promote theoretical exploration of death penalty reform in China as well as long-term penal reform. Currently, China is endeavouring to control the use of the death penalty and is gradually moving towards its abolition. The factors influencing the choice of the punishment option to replace the death penalty are complex and varied and include the traditional punishment culture, penalty concepts, the political system, the punishment system, public opinion and human rights, etc. Given the differences between China and developed Western democratic states, when we examine these influencing factors, we cannot ignore the culture of the punishment and the special political and legislation system in China. In this light, this work examined and analysed the factors that influence the choice of punishment option to replace the death penalty in this special political system with its clearly Chinese characteristics. Criminal policy and public opinion are two significant and typical factors involving obvious political considerations in China. The former normally reflects and carries out the will of the Government as expressed to the national management; the latter responds to the majority of citizens? view on the current legal system and it is, to a great extent, the basis for national leadership?s running of the country. Even though life imprisonment without release (hereinafter, LWOR) has been stipulated by the Ninth Amendment for the crime of corruption, it should not be the preferable option as the alternative sanction to the death penalty because it is a kind of cruel torture and violates the constitutional principle of human rights protection. On the contrary, life imprisonment with possibility of release (hereinafter, LWPR) would be an option, but the termination mechanisms for inmates should be set out in accordance with the principle of proportional justice; aggravated life imprisonment can be chosen to replace the death penalty in China. In addition, there needs to be improvements made to the relevant criminal systems. By examining China's death penalty reform and long-term imprisonment reform, this book not only explains the methodology of the reform theoretically, but also pays attention to the issues of legislation and judicial practice. This book is of interest to scholars and researchers in the fields of criminal justice, penal reform issues, and crime control in China. . 606 $aConflict of laws 606 $aConflict of laws 606 $aInternational law 606 $aComparative law 606 $aCriminal law 606 $aHuman rights 606 $aPrivate International Law, International and Foreign Law, Comparative Law 606 $aCriminal Law and Criminal Procedure Law 606 $aHuman Rights 615 0$aConflict of laws. 615 0$aConflict of laws. 615 0$aInternational law. 615 0$aComparative law. 615 0$aCriminal law. 615 0$aHuman rights. 615 14$aPrivate International Law, International and Foreign Law, Comparative Law. 615 24$aCriminal Law and Criminal Procedure Law. 615 24$aHuman Rights. 676 $a342.510667 700 $aHuang$b Gui$01769244 801 0$bMiAaPQ 801 1$bMiAaPQ 801 2$bMiAaPQ 912 $a9910851996603321 996 $aOn the Alternative Punishment to the Death Penalty in China$94237932 997 $aUNINA