Money for life: the legal debate in China about criminal reconciliation in death penalty cases

In: Asian perspective, Volume 39, Issue 2, p. 277-299

Abstract

In this article we examine the debate among legal experts in China over the recent practice of death penalty criminal reconciliation (DPCR), which is a program that seeks to reconcile an offender convicted of a capital offense with the victim by requiring the offender to meet with, apologize, and pay economic compensation to the victim in exchange for a death sentence commuted to life in prison. Proponents of DPCR believe it provides important financial and emotional benefits to victims, helps rehabilitate offenders, and alleviates the wider social tensions generated by the offense committed. Opponents argue that DPCR violates the basic principle of equality before the law because the decisions reached using this process are sometimes influenced by public opinion and often biased toward those who can afford to pay compensation. These critics suggest that DPCR should be replaced with a comprehensive system of state compensation for victims of capital offenses. (Asian Perspect/GIGA)