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Suspended execution beyond China’s borders

Research output: Journal Publications and ReviewsRGC 21 - Publication in refereed journalpeer-review

Abstract

Although China remains the world’s most prolific death-penalty jurisdiction, it has also reportedly reduced executions in the twenty-first century. China achieved this reduction in part through the use of a nominal capital sentence called “suspended execution.” The success of suspended execution as a diversionary tool has produced calls for its introduction elsewhere. However, there has been no empirical research on suspended execution outside China. This article fills this gap by identifying neighbouring countries where suspended-execution proposals have been considered, determining why these countries considered it, and examining how proposals were structured. We identify four Asian jurisdictions—Taiwan, Japan, Vietnam, and Indonesia. We find that all of these countries looked to China for inspiration; each did so independently and for reasons unrelated to China’s death-penalty reforms. Our findings provide insights about capital punishment in Asia, the appeal of suspended execution, and the role of China in regional penal practice. © The Author(s), 2021.
Original languageEnglish
Pages (from-to)133–167
Number of pages35
JournalAsian Journal of Law and Society
Volume9
Issue number1
Online published29 Sept 2021
DOIs
Publication statusPublished - Feb 2022

Research Keywords

  • China
  • Comparative criminal law
  • Death penalty
  • Legal diffusion
  • Suspended execution

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