University Library
  • Login
A gateway to Melbourne's research publications
Minerva Access is the University's Institutional Repository. It aims to collect, preserve, and showcase the intellectual output of staff and students of the University of Melbourne for a global audience.
View Item 
  • Minerva Access
  • Collected Works
  • Asian Law Centre
  • View Item
  • Minerva Access
  • Collected Works
  • Asian Law Centre
  • View Item
JavaScript is disabled for your browser. Some features of this site may not work without it.

    Judicial Discretion and Death Penalty Reform in China: Drug Transportation and Homicide as Exemplars of Two Reform Paths

    Thumbnail
    Download
    Published version (972.6Kb)

    Citations
    Altmetric
    Author
    Trevaskes, S
    Date
    2017
    Source Title
    ALC Briefing Paper Series
    Publisher
    Asian Law Centre, University of Melbourne
    University of Melbourne Author/s
    Taylor, Kathryn
    Affiliation
    Asian Law Centre
    Metadata
    Show full item record
    Document Type
    Report
    Citations
    Trevaskes, S. (2017). Judicial Discretion and Death Penalty Reform in China: Drug Transportation and Homicide as Exemplars of Two Reform Paths. Asian Law Centre, University of Melbourne.
    Access Status
    Open Access
    URI
    http://hdl.handle.net/11343/258277
    DOI
    10.46580/124342
    Open Access URL
    https://law.unimelb.edu.au/centres/alc/research/publications/alc-briefing-paper-series/judicial-discretion-and-death-penalty-reform-in-china-drug-transportation-and-homicide-as-exemplars-of-two-reform-paths
    Abstract
    This paper focuses on Chinese death penalty reform in relation to two common crimes for which the punishment of death is commonly applied in China: drug transportation and homicide. It looks at how the Supreme People’s Court (SPC) has led the way in reforming death sentencing in these areas by encouraging lower courts to use a ‘suspended’ death sentence rather than an ‘immediate execution’. SPC guidance mechanisms including guiding cases and sentencing guidelines are the conduit through which reform has been achieved. These mechanisms help to corral local discretionary powers to encourage judges to recognize case circumstances that attract mitigated punishment. These mechanisms therefore allow local judges to treat many homicide and drug transportation cases as intrinsically less socially harmful than other cases, while at the same time, preserving the status of homicide and drug transportation as capital offences.

    Export Reference in RIS Format     

    Endnote

    • Click on "Export Reference in RIS Format" and choose "open with... Endnote".

    Refworks

    • Click on "Export Reference in RIS Format". Login to Refworks, go to References => Import References


    Collections
    • Minerva Elements Records [54052]
    • Asian Law Centre [12]
    Minerva AccessDepositing Your Work (for University of Melbourne Staff and Students)NewsFAQs

    BrowseCommunities & CollectionsBy Issue DateAuthorsTitlesSubjectsThis CollectionBy Issue DateAuthorsTitlesSubjects
    My AccountLoginRegister
    StatisticsMost Popular ItemsStatistics by CountryMost Popular Authors