(Beijing underworld gang leader Hu Yadong, right, and his brother Hu Yafeng stand trial at the city's No 2 Intermediate People's Court on August 11, 2006. Photo: Beijing Daily)

A Beijing gang leader whose criminal detention was shortened by 50 years due to a 20-year limit on fixed-term imprisonments in China's criminal code has sparked great controversy.

One of the biggest underworld gangs in the capital headed by Hu Yadong and his brother Hu Yafeng stood trial recently at the city's No 2 Intermediate People's Court. Hu Yadong, the ringleader who was accused of 13 criminal charges, was sentenced to 20 years' imprisonment.

Calculating the total of the terms for all his crimes, Hu should have received a jail term of 70 years and six months. But he was finally sentenced only 20 years according to the Criminal Law of China, which stipulates the maximum sentence of fixed-term imprisonments cannot exceed 20 years.

The case reveals the deficiency of the existing stipulation for the maximum of fixed-term imprisonments. The shortened prison sentence lets Hu off lightly, an article in the Procuratorial Daily commented on Wednesday.

According to the Article 69 of the Criminal Law of China, fixed-term imprisonment may not exceed 20 years maximum.

The opinion piece argued the term of imprisonment a criminal receives should depend on his criminal deeds. A criminal who commits several major crimes should be subject to more severe punishments. Otherwise, the Criminal Law will not effectively realize its aim to fight against criminal acts to maintain good social order.

The article further points out average life expectancy has increased from 35 years before 1949 to nearly 72. The function of punishment for a maximum of 20 years as a strong deterrent to the crime has gradually weakened.

In order to strengthen the deterrent effects of penalties, the article suggests the set term of imprisonment should be revised and updated.

According to the law, three terms are classified: short-term (three years), mid-term (three to 10 years) and long-term (over 10 years) imprisonment. The author suggests the jail term for long-term imprisonment should range from 10 to 15 years. An extra long-term imprisonment should be set for more than 15 years. A criminal who commits several crimes should be sentenced to a maximum of 30 years or even longer.

The article also contends that the introduction of 30-year or longer prison sentences may eventually pave the way for the complete abolishment of the death penalty in China.