Trevaskes, Susan --- "Death sentencing for stability and harmony" [2014] ELECD 560; in Trevaskes, Susan; Nesossi, Elisa; Sapio, Flora; Biddulph, Sarah (eds), "The Politics of Law and Stability in China" (Edward Elgar Publishing, 2014) 127

Book Title: The Politics of Law and Stability in China

Editor(s): Trevaskes, Susan; Nesossi, Elisa; Sapio, Flora; Biddulph, Sarah

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783473861

Section: Chapter 7

Section Title: Death sentencing for stability and harmony

Author(s): Trevaskes, Susan

Number of pages: 26

Abstract/Description:

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.