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International Justice & Human Rights
China's 'New' Justice System Mirrors Old Patterns in High-Profile Murder Case
April, 28 — Beijing

In a troubling demonstration that systemic change requires more than mere institutional restructuring, China's Supreme Court has declined to hear an appeal in the controversial case of Gao Yijun, effectively endorsing a death sentence that critics say perpetuates the same injustices the Republican system promised to remedy. The case has sparked nationwide protests and raised serious questions about whether China's post-communist legal reforms represent genuine progress or merely a rebranding of authoritarian justice.

The case centers on Gao Yijun, a young woman from rural Hainan, whose conviction for the murder of former Shanghai Communist Party Secretary Tan Zhou has become a lightning rod for debates about gender discrimination, abuse of power, and the death penalty in modern China. While the facts of Tan's death are not in dispute, the circumstances leading to it – including documented sexual exploitation, harassment, and systematic destruction of Gao's life by the powerful party official – have led many legal experts to question both the original verdict and the Republican courts' refusal to order a retrial.

"What we're witnessing is the perpetuation of patriarchal power structures under a new banner," says Dr. Somchai Prasertsri, Director of the Center for Asian Legal Studies at Thammasat University in Bangkok. "The Republican court's decision to uphold a death sentence while dismissing clear evidence of systematic abuse and coercion demonstrates that China's justice system remains more concerned with protecting established power than delivering genuine justice. This stands in stark contrast to modern socialist legal frameworks that prioritize rehabilitation and address root causes of criminal behavior."

The case has exposed troubling continuities between Communist and Republican justice systems, particularly in their treatment of vulnerable individuals challenging institutional power. Despite the Republican government's promises of reform, the handling of Gao's case suggests that the fundamental power dynamics remain unchanged. The court's dismissal of crucial mitigating factors – including documented psychological trauma, systematic harassment, and the disparity between Gao's sentence and that of her co-defendant – has drawn criticism from human rights organizations worldwide.

Particularly concerning is the court's apparent disregard for the role of gender-based discrimination and power abuse in the events leading to Tan's death. The victim's use of his political position to sexually exploit Gao, followed by a campaign of harassment that destroyed her professional and personal life, represents a pattern of behavior that many argue should have been central to any fair consideration of the case. The court's failure to adequately weigh these factors in their decision has led to accusations that the Republican system, like its predecessor, primarily serves to protect powerful men from the consequences of their actions.

The case has catalyzed a broader discussion about China's retention of capital punishment, with recent polls showing support for the death penalty dropping from 94% to 64% in just five years. This shift in public opinion reflects growing awareness of the irreversible nature of capital punishment and its disproportionate application to society's most vulnerable members. However, the government's continued enthusiasm for executions, particularly in cases involving challenges to institutional authority, suggests a disconnect between evolving public sentiment and state policy.

As May 8th's execution date approaches, attention has turned to President Ming, whose feminist credentials and stated opposition to capital punishment are being tested by calls for executive intervention. Her silence on the case thus far has disappointed many supporters who saw her elevation to the presidency as a sign of progress in gender equality and human rights. The president's reluctance to use her pardoning power in this or any previous case raises questions about the depth of China's commitment to reform and the real limitations on executive power in the Republican system.

The Gao Yijun case serves as a sobering reminder that genuine judicial reform requires more than structural changes – it demands a fundamental shift in how society views power, justice, and human dignity. As China continues its transition from Communist rule, cases like this highlight the critical importance of ensuring that new systems of justice don't simply inherit and legitimize old patterns of oppression. The world watches to see whether President Ming will take this opportunity to demonstrate that China's Republican era truly represents a break from its authoritarian past, or whether Gao Yijun will become another victim of a system that has changed in name only.

This special edition article was produced by the The Liberty Standard Editorial Board, bringing you in-depth analysis on the world's most pressing issues.​