Solid in shape, shattered in practice? The ‘sentencing pyramid’ in China

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.