Scholars have often linked differences in punitiveness and legal practices among nations to fundamentally different legal traditions and ways of legal thinking that were fostered differently throughout history. China is often considered to have a long tradition of harsh punishment, mainly due to its greater number of executions of capital punishment compared with other nations. This article argues that the “predominant punitive tradition” in China is an incomplete picture of Chinese legal thinking and practices. Legal thinking and criminal justice practices in China since the fifth century BC were largely influenced by Confucianism and as a result had a feature of mercy that is reflected in modern Chinese legal practices as well.