A Review of the Current Status of China’s Death Penalty System and Pathways for Its Improvement

Abstract

As one of the oldest forms of punishment in human history, the death penalty has remained the subject of debate over abolition and retention for centuries, and has become an important indicator of social civilization and the development of the rule of law. Worldwide, 156 countries have abolished the death penalty in law or in practice, and abolition has become an irreversible international trend. As one of the few countries in the world that still retain the death penalty, China has consistently adhered to the basic criminal policy of “retaining the death penalty, while strictly controlling and prudently applying it,” and has made notable progress in reforming its capital punishment system. Against the backdrop of the historical evolution of China’s death penalty regime and the realities of contemporary Chinese society, this article examines the deep-seated reasons for the continued retention of the death penalty and argues that China should adopt a gradual path of “progressive restriction, partial abolition, and eventual total abolition.” It further explores an institutional framework suited to China’s national conditions from the perspectives of legislative refinement, judicial reform, public guidance, and international convergence, with a view to providing both a theoretical foundation and a practical roadmap for the eventual complete abolition of the death penalty in China.