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.

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Publication Details

Journal
Journal of Law and Society
Published
2025-05-07
DOI
https://doi.org/10.1111/jols.12536
Primary Topic
Innovation and Socioeconomic Development
Type
article
Field-Weighted Citation Impact
0.00
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article

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

Enshen Li
Journal of Law and Society
Innovation and Socioeconomic Development
article

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

Enshen Li
article en

Abstract

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.

Journal of Law and SocietyVol. 52(2)
City University of Hong Kong (HK)
Openalex Percentile: Top 83%
Innovation and Socioeconomic Development
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