Edited by Susan Trevaskes, Elisa Nesossi, Flora Sapio and Sarah Biddulph
Chapter 7: Death sentencing for stability and harmony
Death sentencing may sound discordant with notions of stability and harmony. But the death sentence has an obscure place in the law–politics–stability nexus as it operates to stabilize and harmonize Chinese society. This chapter examines an important but largely overlooked aspect of the Chinese justice system; the use of exemplar cases promulgated by superior justice organs – the Supreme People’s Court (SPC) and the Supreme People’s Procuratorate (SPP) – to ‘guide’ judicial and prosecutorial decision-making in lower courts and procuracies. China’s SPC has long used ‘reference cases’ (cankao anli), otherwise known as ‘standard cases’ (dianxing anli), to illustrate best practice and educate the local ranks in best-practice decision-making. This is a case referencing system whereby exemplar cases are promulgated to local jurisdictions to guide understanding of new judicial interpretations, sentencing guidelines, opinions, law or policy. In November 2010 the SPC and SPP announced the establishment of a new ‘case guidance system’ (anli zhidao zhidu). The SPC and SPP select reference cases and ‘upgrade’ them to guiding cases, giving them more authoritative clout: the crucial difference is that local courts are now compelled to cite guiding cases in the judgments of similar cases.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.