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2 - China’s ‘Killing Less’ Policy for Drug Crimes and the Role of the Judiciary

from Part I - Executing States

Published online by Cambridge University Press:  07 August 2025

Wing-Cheong Chan
Affiliation:
Singapore Management University
Mai Sato
Affiliation:
Birkbeck, University of London
Michael Hor
Affiliation:
The University of Hong Kong
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Summary

Since 2007, reform-minded judges have sought to curb the over-zealous use of the death penalty in China. This includes strengthening central control over judicial decision-making and enhancing due process in both pre-trial and trial proceedings. In terms of drug-related crimes, Chinese courts have gradually raised the threshold quantity of drugs trafficked, narrowed the scope of criminals who would attract the death penalty, and imposed a heavier burden of proof on the prosecution. These measures have significantly reduced the execution rate for drug crimes. Although remaining relatively weak in China’s political structure, Chinese courts have played an essential role in restricting the use of the death penalty for drug-related crimes. As the Party-state needs to rely on the rule of law for political legitimacy, promote economic development, and improve social governance, Chinese courts have been allowed a degree of institutional autonomy and professionalism. They can be expected to further reform China’s death penalty system and restrict the use of the death penalty. The Chinese courts may be the best hope for an ‘execution-rare’ China in the longer-term future.

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Publisher: Cambridge University Press
Print publication year: 2025

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