The Death Penalty for Alien Drug Offenders in China: Legal Protections and Equal Treatment

• In Event: Variation in Capital Case Outcomes

Abstract

Crimes committed by foreign nationals in China have been in the media spotlight in the last decade or so, particularly with the threat of death sentences and executions. A review of relevant reports and studies on alien offenders’ treatment in China presented two contrasting perceptions of justice. On one hand, criminal justice practices in China were repeatedly criticized for lack of human rights protection, judicial equality, and fair trials by the overseas media, foreign governments, and nonprofit organizations. On the other hand, many domestic scholars, prosecutors, and judges in China believe that Chinese courts have offered alien defendants a super-citizen preferential treatment, as alien offenders seemingly enjoy better treatment (e.g., receiving more lenient punishment) than Chinese citizens. Nevertheless, no empirical studies have ever been done to compare treatment of Chinese natives with that of alien defendants. Based on empirical data collected from Guangzhou (one major city and one major drug trafficking entry point in China), this study aims to address two related questions: (1) What legal protections do Chinese laws and regulations offer toward alien capital offenders? (2) Do alien capital offenders receive equal treatment, compared to Chinese counterparts? This study fills an important gap and carries important policy implications.

Authors

• Bin Liang, Oklahoma State University

• Siyu Liu, Penn State Harrisburg

• Moulin Xiong, Southwestern University of Finance and Economics, P.R. China