Plea Leniency and Prosecution-Centeredness in China's Criminal Process

Abstract

China’s criminal proceedings have been known as “investigation centred.” I argue that the rise of the Plea Leniency System has led to “prosecution centeredness.” Analysis of the operations and consequences of plea leniency shows how the procuratorates have overshadowed the police and further marginalized the courts. In plea leniency, the defendant has little chance to be acquitted and the legal profession in China provides little defence. While this paradigm shift signals further leniency in criminal justice, rights protections make ways for efficiency and crime control. As such, plea leniency has profound implications on the operations of the criminal justice apparatuses, defendants, defence lawyers, and the mode of crime control in China.