The People's Republic of China’s criminal law cannot be understood outside the political environment in which it operates. Chinese Communist Party (CCP) policy informs all aspects of governance in China, including the legal system. The death penalty in China, therefore, takes place within the context of a criminal justice system that is subject to the CCP’s interests. The Party’s overriding concern is to maintain the ‘stability of society’ and the environment for Party rule.

Among the ways that the CCP furthers its interests are policy directives, appointments and political legal committees which oversee the functioning of the police, the prosecution and the courts. These three institutions are known collectively as the gongjianfa for the gong’an (police), jianchayuan (procuratorate) and the fayuan (court). They operate ‘within the system’ (tizhinei) and share privileged information among themselves. Lawyers are outside this system. In recent years, the Party has sought greater control over the legal profession, including the establishment of Party committees within law firms.

The People’s Republic of China inherited legal thinking from imperial China as well as efforts by the Republican government, in the early 20th century, to modernise the legal system by importing ideas and practices from Germany, by way of Japan. In many respects, China shares similarities with civil law jurisdictions and has a primarily inquisitorial criminal procedure.

The Chinese Constitution does not include the right to life for citizens; despite constitutional protection of a number of fundamental freedoms, including from unlawful detention, the constitution is not justiciable. Legislation is the primary source of law in China. There is no case law.

As China opened up to Western experience after the Cultural Revolution, elements of a more adversarial criminal justice system were introduced through contacts with common law countries. Limited debate between the prosecution and defence is now allowed in court. The court is not, however, central to criminal proceedings.

A criminal case begins with the investigation stage overseen by the police, at the local level. Following approval of arrest, the procuratorate oversees the prosecution phase which may entail requests for further investigations. Once the procuratorate is satisfied by the evidence, the case will enter the trial stage, including a court hearing. There are time limits for each stage of the proceedings, but the possibility of requesting further investigations or clarification can extend each stage by several months.