evidence presented in the case file. Some Chinese commentators note that it is “not in the interest” of SPC judges to challenge a decision that has already been made by the police and procuratorate, as well as the intermediate and higher court. SPC judges will be reluctant to damage colleagues’ performance assessment. SPC decisions to approve the death sentence generally lack detailed reasoning. Compensation and forgiveness Research reveals that a key contributory factor to helping judges decide against imposing a death sentence with immediate execution is agreement between the defendant and the victim’s family to pay compensation. The payment of compensation helps to address worries about the loss of future earnings and other financial burdens that may arise from the death of a family member. Meeting these concerns can defuse the anger of family members and their vociferous demands for a ‘life for a life’. Victims’ families can be effective in mobilising popular opinion, particularly at the local level, in support of their claims. For judges, the payment of compensation is a tangible demonstration of remorse which can help to mitigate the likely social harm and the malicious intent of the offence. The payment of compensation will also help to secure the forgiveness of the victim’s close family. Where there is no such forgiveness this will be considered an aggravating factor as the judge weighs up relevant considerations in differentiating between a death sentence with immediate execution and a suspended death sentence. SPC Guiding Case No. 4, issued on December 20, 2011, suggests the proper handling of a death penalty case in such a situation. Wang Zhicai was originally sentenced to immediate execution by Weifang City Intermediate Court for the murder of his girlfriend. Following appeal, the Shandong Higher Court rejected his appeal and upheld the original verdict. The SPC did not approve the death sentence with immediate execution and sent the case back to the Shandong Higher Court for retrial. In the retrial, the Shandong Higher Court reasoned that although this was a case of intentional homicide there were a number of mitigating circumstances including the fact this was a case triggered by relationship disputes and that Wang had confessed and paid compensation to the victim’s family. However, against this was the view that the method of killing was cruel (multiple stabbings) and the victim’s family did not forgive him and were demanding harsher punishment. To balance these considerations, the Shandong Higher Court sentenced Wang to a suspended death sentence with restricted commutations.37 SPC authorisation In practice, where the SPC authorises the death penalty with immediate execution the decision is final. The President of the SPC signs and issues the order to carry out the execution (CPL.18 Art.261). In some cases, the court president delays signing the order to carry out the execution. In the controversial case of the death penalty for Jia Jinglong, there was a delay of several weeks before the order was signed.38 Prior to the 2019 Provisions on Safeguarding the Lawful Rights and Interests of the 37 Chen, Xingliang. “Guiding Cases for China’s Death Penalty” in in Liang, Bin and Lu, Hong (eds) The Death Penalty in China: Policy, Practice and Reform, Columbia University Press, 2016. 38 Phillips, Tom. ‘Outcry as China executes symbol of injustice Jia Jinglong.’ The Guardian. 15 November, 2016 https://www.theguardian.com/world/2016/nov/15/outcry-as-china-executes-symbol-of-injustice-jia-jinglong. Accessed 5 October, 2020. 48