Instruct: Given a question, retrieve relevant documents that can help answer the question.
Query: Is the death penalty legal in China?
Legal aspects of death are also part of many cultures, particularly the settlement of the deceased estate and the issues of inheritance and in some countries, inheritance taxation.
Capital punishment is also a culturally divisive aspect of death. In most jurisdictions where capital punishment is carried out today, the death penalty is reserved for premeditated murder, espionage, treason, or as part of military justice. In some countries, sexual crimes, such as adultery and sodomy, carry the death penalty, as do religious crimes such as apostasy, the formal renunciation of one's religion. In many retentionist countries, drug trafficking is also a capital offense. In China, human trafficking and serious cases of corruption are also punished by the death penalty. In militaries around the world courts-martial have imposed death sentences for offenses such as cowardice, desertion, insubordination, and mutiny.
Thailand is home to about 63 million people, 95% of these people follow Theravada Buddhism and it has become central to the culture and identity of Thailand. It has been observed that few Buddhist monks and authorities have taken action against the death penalty. Many monks in Thailand have been surprisingly tolerant. This might be because they come from rural areas of the country where the death penalty is strongly supported, they lack information because it is not a pressing issue and not widely debated, or they simply have no power and are forbidden from making political statements because political authorities are exclusively in control of the government in Thailand. Thailand's war on drugs may potentially explain its current retention of the death penalty. The manufacture and distribution of drugs is considered an offense in which the death penalty is mandatory. There were no executions in Thailand, however, between the years of 1988-1995 and 2004-2007.
In China, a plea bargaining pilot scheme has been introduced by the Standing Committee of the National People's Congress in 2016. For defendants that faces jail terms of three years or below, agrees to plea guilty voluntarily and agree with prosecutors' crime and sentencing proposals, will be given mitigated punishments.
China's constitution states that The People's Republic of China "is a socialist state under the people's democratic dictatorship led by the working class and based on the alliance of workers and peasants," and that the state organs "apply the principle of democratic centralism." The PRC is one of the world's only socialist states openly endorsing communism (see Ideology of the Communist Party of China). The Chinese government has been variously described as communist and socialist, but also as authoritarian and corporatist, with heavy restrictions in many areas, most notably against free access to the Internet, freedom of the press, freedom of assembly, the right to have children, free formation of social organizations and freedom of religion. Its current political, ideological and economic system has been termed by its leaders as the "people's democratic dictatorship", "socialism with Chinese characteristics" (which is Marxism adapted to Chinese circumstances) and the "socialist market economy" respectively.
Within the last decade, the rate of incarceration for women in China has increased by 46%. Women make up only 6% of the total population of individuals in prison within the country. While it is difficult to correctly evaluate the statistic regarding the total number of women incarcerated due to the underreporting of these cases, China is on track to imprison more women than the United States.
Bruno, along with Governor George Pataki and Assembly Speaker Sheldon Silver, was instrumental in returning the death penalty to New York State in 1995. The New York Court of Appeals (the highest state court in New York) later found the law to be unconstitutional because it gave jurors deadlocked between life without parole and execution no choice but to give eligibility for parole after 25 years; the Court of Appeals feared that jurors faced with this choice would unfairly lean toward a death sentence. In the 10 years after the law was passed, New York's crime rate plummeted without ever seeing an execution, perhaps weakening public support for the death penalty. Silver let the law die in 2005 without much debate.
In general, statistical information in regards to the rate of incarceration for women in China has been found difficult to compare that to other countries around the world. However, some scholars argued in 2003 that approximately one-fifth of the total number of women in the United States would be equivalent to that of the total population of women incarcerated in China.
In June 2004, the state's highest court ruled in "People v. LaValle" that the state's death penalty statute violated the state constitution, and New York has had an effective moratorium on capital punishment since then. Subsequent legislative attempts at fixing or replacing the statute have failed, and in 2008 then-Governor David Paterson issued an executive order disestablishing New York's death row. Legislative efforts to amend the statute have failed, and death sentences are no longer sought at the state level, though certain crimes that fall under the jurisdiction of the federal government are subject to the federal death penalty.
In 2005, supporters of the death penalty in the New York Legislature passed a bill restoring New York's death penalty in the Republican-controlled State Senate, but the legislation was voted down by a legislative committee in the Democratic-controlled New York Assembly, and was not enacted into law.
People v. LaValle, 3 N.Y.3d 88 (2004), was a landmark decision by the New York Court of Appeals, the highest court in the U.S. state of New York, in which the court ruled that the state's death penalty statute was unconstitutional because of the statute's direction on how the jury was to be instructed in case of deadlock. New York has since been without the death penalty, as the law has not been amended.
Estimates of the death toll during the Cultural Revolution, including civilians and Red Guards, vary greatly. An estimate of around 400,000 deaths is a widely accepted minimum figure, according to Maurice Meisner. MacFarquhar and Schoenhals assert that in rural China alone some 36 million people were persecuted, of whom between 750,000 and 1.5 million were killed, with roughly the same number permanently injured. In "", Jung Chang and Jon Halliday claim that as many as 3 million people died in the violence of the Cultural Revolution.
Mays would become the last person to be executed by "Old Sparky", New York State's electric chair at Sing Sing prison. The State Electrician was Dow Hover. The electric chair had been the sole method of execution in the State since 1890 (hanging had been abolished in 1888). In 1965, the State of New York repealed the death penalty, except for cases involving the murder of a police officer. Although the legislature never fully repealed the death penalty statute, and the state even expanded it in 1995, there were no further executions because of rulings by the U.S. Supreme Court in 1972 and the New York Court of Appeals in 2004.
Polls showed that the majority of New Yorkers wanted the state's death penalty laws restored. A bill to restore the death penalty passed the Legislature several years in a row, only to be vetoed by Mario Cuomo. Pataki made the issue a top priority of his and when the bill reached his desk he signed it into law in 1995. The state's Court of Appeals later ruled the death penalty unconstitutional in the form in which it was written (in the case of People v. LaValle), and the State Legislature has not passed a bill to restore it in a new form. During Pataki's 12 years as governor, not a single person was executed in New York State.
New York State correction officers have peace officer status under . This authorizes them:Prior to the 2008 repeal of the death penalty, the male death row was at the Clinton Correctional Facility and the female death row was at the Bedford Hills Correctional Facility. On October 23, 2007, the New York Court of Appeals ruled in the case "People v. John Taylor" that the last death sentence must be dismissed based on a previous ruling in the case "People v. LaValle".
Malaysia has been criticised by human rights groups for its use of judicial caning. A 2010 report by Amnesty International criticises the increasing use of judicial caning in Malaysia and claims the punishment "subjects thousands of people each year to systematic torture and ill-treatment, leaving them with permanent physical and psychological scars". Amnesty International estimates that some 10,000 people are caned each year, many of them for immigration offences. The charity argues the practice could cause long-term disabilities and trauma and said many of the foreigners sentenced to caning did not get legal representation or understand the charge.
Between June 1793 and the end of July 1794, there were 16,594 official death sentences in France, of which 2,639 were in Paris.
General Augusto Pinochet was indicted for human rights violations committed in his native Chile by Spanish magistrate Baltasar Garzón on 10 October 1998. He was arrested in London six days later and held for a year and a half before finally being released by the British government in March 2000. Authorized to freely return to Chile, Pinochet was there first indicted by judge Juan Guzmán Tapia, and charged with a number of crimes, before dying on 10 December 2006, without having been convicted in any case. His arrest in London made the front-page of newspapers worldwide as not only did it involve the head of the military dictatorship that ruled Chile between 1973 and 1990, but it was the first time that several European judges applied the principle of universal jurisdiction, declaring themselves competent to judge crimes committed by former heads of state, despite local amnesty laws.
Although women form a minority in the global prison population, the population of incarcerated women is growing at a rate twice as fast as the male prison population. Those imprisoned in China, Russia and the United States comprise the great majority of incarcerated peoples, including women, in the world. Trends observed in the global growth of the female prison population can be explained in part by evolving policies regarding the sentencing and parole of female inmates. As criminal justice systems across the world move towards gender-blind sentencing, this has resulted in a tremendous increase in the rate of female incarceration. Concurrent elimination of parole and toughening of penalties for parole violations in many areas of the world also contribute to high rates of reentry and reoffending, further driving up rates of incarceration of women.
In China, both Beijing and Tianjin are independent of the surrounding province of Hebei, of which they were formerly a part. Similarly, Shanghai is now independent from Jiangsu and Chongqing from Sichuan. Hong Kong and Macao have the status of special administrative regions, separated from their original province Guangdong. The People's Republic of China regards Taiwan as its 23rd province, with Taipei as its capital. However, in practice, the non-recognized Republic of China administers six cities, formerly part of the Republic of China's Taiwan Province, as special municipalities: Kaohsiung, New Taipei, Taichung, Tainan, Taipei and Taoyuan. The People's Republic of China continues to recognize these territories as an integral part of Taiwan Province.
The Preamble has been used to confirm that the Constitution was made for, and is binding only in, the United States of America. For example, in "Casement v. Squier", a serviceman in China during World War II was convicted of murder in the United States Court for China. After being sent to prison in the State of Washington, he filed a writ of "habeas corpus" with the local federal court, claiming he had been unconstitutionally put on trial without a jury. The court held that, since his trial was conducted by an American court and was, by American standards, basically fair, he was not entitled to the specific constitutional right of trial by jury while overseas.
Sun Yat-sen was born on November 12, 1866, into a farming peasant household in Choyhung in Kwangtung near the Portuguese colony of Macao. His early education established him as a man of two worlds: China and the West. After a basic training in the Chinese classics in his village school, he was sent to Hawaii in 1879 to join his older brother. There he enrolled in a college where he studied Western science and Christianity. Dr. Sun Yat-sen, the father of the Republic of China, died in Beijing in 1925. Read more: Sun Yat-sen Biography
Capital punishment is deeply entrenched in the Chinese legal system as the judiciary maintains the interests of the Communist party. Thus, the death penalty is issued in cases that are deemed to impact social stability. Some supporters of the death penalty believe that the legitimacy of the death penalty depends on a fair and just judiciary, but the current legal system in China is disproportionately skewed against the disenfranchised. In many instances the application of the law is arbitrary.
Capital punishment has widespread support in China, especially for violent crimes, and no group in government or civil society has vocally advocated for its abolition except some that are based in the West. Surveys conducted by the Chinese Academy of Social Sciences in 1995, for instance, found that 95 percent of the Chinese population supported the death penalty, and these results were mirrored in other studies. In 2005 a survey of 2000 respondents showed that 82.1% supported the death penalty while 13.7% supported the abolishment of the death penalty. Polling conducted in 2007 in Beijing, Hunan and Guangdong found a more moderate 58 percent in favor of the death penalty, and further found that a majority (63.8 percent) believed that the government should release execution statistics to the public.
The death penalty in mainland China is officially administered only to offenders of serious and violent crimes, such as aggravated murder, but China retains in law a number of nonviolent death penalty offences such as drug trafficking. The People's Republic of China administers more official death penalties than any other country, though other countries (such as Iran and Singapore) have higher official execution rates. Reliable NGOs such as Amnesty International and Human Rights in China have informed the public that the total execution numbers, with unofficial death penalties included, greatly exceed officially recorded executions; in 2009, the Dui Hua Foundation estimated that 5,000 people were executed in China – far more than all other nations combined. The precise number of executions is regarded as a state secret.
PRC authorities have recently been pursuing measures to reduce the number of crimes punishable by death, and limit how often the death penalty is utilized. Since 2005, China has experienced significant reforms on the death penalty system. In 2011, China abolished the death penalty for 13 crimes in Amendment VIII to the Criminal Law of PRC, which was the most important amendment passed since 1997. The National People's Congress Standing Committee adopted an amendment to reduce the number of capital crimes from 68 to 55. According to "The Death Penalty in China: Reforms and Its Future", the 13 crimes (19% of the total number of crimes punishable through death) were: "smuggling of cultural relics; smuggling of precious metals; smuggling of precious animals or their products; smuggling of ordinary freight and goods; fraud connected with negotiable instruments; fraud connected with financial instruments; fraud connected with letters of credit; false invoicing for tax purposes; forging and selling value-added tax invoices; larceny; instructing in criminal methods; excavating and robbing ancient cultural sites or ancient tombs, and excavating and robbing fossil hominids and fossil vertebrate animals".