Year: 2025
Type: article
Abstract: In this article, I use a structural‐functionalist analysis to explain how the sentencing process in the People's Republic of China has morphed into what I call the ‘sentencing pyramid’, with largely discrete and separate praxis across various legal apparatuses. The base of this hierarchical composition encompasses a vast number of infractions, where police monopolize the sentencing process through primarily administrative procedures. The middle level predominantly consists of misdemeanours, whereby sentences are ordinarily determined by procuratorates under the scheme of ‘plea leniency’. The upper level involves serious crimes, which are the main target of ‘trial centredness’ devised to ensure judicial authority in sentencing. In many respects, China's sentencing pyramid is moving away from being a ‘system’ per se, as the three levels of sentencing practices are independent and only very loosely interconnected, with particular legal authorities using vastly different programmes, procedures, and principles to achieve their distinct goals of punishment.
Source: Journal of Law and Society
DOI: 10.1111/jols.12536
Author: ENSHEN LI
Institution: City University of Hong Kong
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
Estimated APC paid: $3,170
OpenAlex ID: W4410171027