Post
Topic
Board Politics & Society
Re: Talking about the death penalty in China.
by
coin8coin8
on 19/10/2018, 16:28:15 UTC
I don't think death penalty should be abolished at all, specially in China.
it's not impressive That a country with that kind of totalitarian regime have those kind
Of punishments. But what should be taken more seriously is the process throught which
They blame someone as guilty. Innocence Presumption should be a must in all cases.
Even though there are actually some of their causes of penalty that should be abolished

The principle of presumption of innocence actually has similar provisions in China.
CRIMINAL PROCEDURE LAW OF THE PEOPLE'S REPUBLIC OF CHINA
Quote
Article 140(4)
With respect to a case for which supplementary investigation has been conducted, if the People's Procuratorate still believes that the evidence is insufficient and the case does not meet the conditions for initiation of a prosecution, the People's Procuratorate may decide not to initiate a prosecution.
Quote
Article 162(3)
If the evidence is insufficient and thus the defendant cannot be found guilty, he shall be pronounced innocent accordingly on account of the fact that the evidence is insufficient and the accusation unfounded.

These two articles emphasize that evidence is the most critical, but lacks the standard of legality and authenticity of evidence, which leads Police to the use of torture to extract evidence or create perjury in some cases.
Recently, the Chinese government has taken the initiative to disclose some cases of police abuse of evidence this year. This is a big step forward.
Next, I suggest China that the rules of evidence should be improved as soon as possible to exclude illegal evidence and perjury. I firmly believe that procedural justice is more important than substantive justice,and the most critical aspect of procedural justice is the source of evidence.


Every thing has its own plus and minus ; merits and  demerits.  Communism stole human independence; with strict rules.  Though strict rules paid China a lot but thousands of people have been killed for minor crimes.  China developed at the cost of independence of its people.
Punishing criminals is good But death penalty should be in rarest of rare cases.

Most of the criminal law articles in China stems from Soviet Union, so many death sentences are crimes related to national security.
China has begun to learn from Germany and Japan, it pays more attention to the evidence and human rights. but it now still retains many brutal articles of the former Soviet Union.
I believe that it will become better as more and more human rights articles in German and Japanese criminal law are absorbed.