Guiding Cases and the Death Penalty in the Chinese Mainland

China is reportedly the country that carries out the most executions worldwide, yet the lack of reliable data hinders the understanding of capital punishment in the Chinese Mainland. This study explores the role of guiding cases—judicial and prosecutorial decisions selected by China’s highest court and procuratorate to promote consistency and fairness—in the application of the death penalty. We first introduce guiding cases, their binding effects, and their significance, along with a description of the death penalty in China. We then present examples of how these cases can be analyzed to facilitate our understanding of the death penalty. This study constitutes the most comprehensive overview of guiding cases on capital punishment. It offers a unique perspective on studying capital punishment in China and encourages further research on the intersection of judicial and prosecutorial guidance and the death penalty.