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come under increasing scrutiny around the world since World War II. China retains the death penalty but is reconsidering the offenses to which it can apply,and there is considerable debate in the Chinese blogosphere about that.In fact,during the years between Stanford and Roper,China rejected the death penalty for juvenile offenders-a fact that the Roper court noted. The Chinese Constitution does not expressly forbid cruel and unusual punishment,as the American Constitution does.But the degree of moral culpability required for the death penalty is very much part of the debate here,and my students were surprised (and pleased)to learn that China had been ahead of the United States in abolishing any aspect of capital punishment. On the other hand,another aspect of this debate-applying the death penalty for economic crimes like bribery and embezzlement -often evokes shock among Americans,while many Chinese consider it just another example of how seriously they take the danger of official corruption. The underlying lesson?By different historical pathways,China and the United States find themselves struggling with many of the same issues. And those issues deserve a discussion,not a lecture by one side to the other.My students are very respectful of America's constitutional system,but also deeply proud of their own country and its rise in the world.They are prepared to find deep meaning- and understanding of us-in studying why their laws often read differently from ours.We should be ready to do the same with them before we criticize. Norm Page is a partner and the chairman of the China practice at the law firm of Davis Wright Tremaine.come under increasing scrutiny around the world since World War II. China retains the death penalty but is reconsidering the offenses to which it can apply, and there is considerable debate in the Chinese blogosphere about that. In fact, during the years between Stanford and Roper, China rejected the death penalty for juvenile offenders — a fact that the Roper court noted. The Chinese Constitution does not expressly forbid cruel and unusual punishment, as the American Constitution does. But the degree of moral culpability required for the death penalty is very much part of the debate here, and my students were surprised (and pleased) to learn that China had been ahead of the United States in abolishing any aspect of capital punishment. On the other hand, another aspect of this debate — applying the death penalty for economic crimes like bribery and embezzlement — often evokes shock among Americans, while many Chinese consider it just another example of how seriously they take the danger of official corruption. The underlying lesson? By different historical pathways, China and the United States find themselves struggling with many of the same issues. And those issues deserve a discussion, not a lecture by one side to the other. My students are very respectful of America’s constitutional system, but also deeply proud of their own country and its rise in the world. They are prepared to find deep meaning — and understanding of us — in studying why their laws often read differently from ours. We should be ready to do the same with them before we criticize. Norm Page is a partner and the chairman of the China practice at the law firm of Davis Wright Tremaine
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