BEIJING, July 12 (Xinhua) -- China's legal experts and
the public consider the execution of former drug chief Zheng Xiaoyu to be
fully deserved given his shocking dereliction of duty, but many are also warning
that China needs to be cautious in handing out death penalties.
Cui Min, a professor at the Chinese People's
University of Public Security, said the consequences of Zheng's dereliction of
duty were extremely serious, and the court's ruling had sound legal
justification.
Zheng, 63, former director of China's State Food and
Drug Administration, was executed on Tuesday morning for taking 6.49 million
yuan (850,000 U.S. dollars) in bribes and dereliction of duty.
Whether Zheng's death sentence was too harsh is being
heatedly debated.
"Given that bribery alone is punishable by death
under Chinese law, Zheng deserved the death sentence," said Cui.
Moreover, Zheng's actions put health and life in
danger, and shook trust in the government's competence.
Six types of medicine approved by the administration
during his tenure were fake, one of which -- an antibiotic injection -- caused
the deaths of at least six people and severe reactions in more than 80 others.
"There's no need to waste bullets on him. Just feed
him the fake medicines he approved. That'll kill him," said one angry net surfer
on sohu.com.
On the other hand, Chinese criminal law takes a much
more hard-nosed attitude to capital punishment than other countries. Over 100
countries have abolished the death penalty. Those that have retained the penalty
only have 3 to 5, or at most 7 to 8 crimes that are punishable by death. In
China, however, 68 crimes can lead to capital punishment, Cui said.
"The international trend is to limit death sentences.
China should apply the death penalty less extensively," Cui said.
The death sentence for corrupt officials gives rise
to difficulties in international cooperation in the fight against crime. Many
corrupt officials manage to escape capital punishment by absconding abroad. The
countries where they reside often refuse to extradite criminals to China for
fear they may be executed.
"As a result, only those unable to go abroad are
executed, whereas major criminals who escape overseas can evade the just
punishment. Justice is not served over such circumstances," Cui said.
Furthermore, while it is understandable that angry
citizens demand the death penalty for corrupt officials, executing malfeasants
needs to be carefully considered, Cui said.
"In dealing with matters of life or death, it is the
law, not people's outrage that justifies the death sentence," Cui said, adding
that China should seriously consider reforming the death penalty.
The anti-corruption battle is complex, requiring
sustained and systematic efforts. Killing a bunch of offenders is not the
solution, said Cui.
Cui said China should consider joining the growing
world trend toward the abolition of death penalty.
China should first amend its criminal law and reduce
the number of capital crimes from 68 to 8. The court should be extremely
cautious in handing out death sentences. Should there be any doubts about
whether death is the appropriate penalty, the execution should always be
dropped, suggested Cui.
"Currently, most Chinese people are unwilling to
accept the abolition of the death penalty. But as the country moves forward and
becomes more open, people will eventually change their minds," said Cui.
In fact, China began reforming laws relating to
capital punishment at the beginning of the year.
On Jan. 1, 2007, the Supreme People's Court (SPC)
recovered the right to review all death penalty decisions made by lower courts,
ending its 24-year absence in approving China's execution verdicts.
The immediate result was a drop of 10 percent in the
number of death sentences in the first five months of 2007 compared with the
same period last year.
In June, China further pledged to make its death
penalty system more transparent, demanding that more trials that could result in
a death sentence be held in public. China's courts started recruiting more staff
for death penalty reviews.
The Supreme People's Court is determined to ensure a
balanced and standardized approach to the death penalty across the
country.