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Abstract China's criminal proceedings have been recognized as being “investigation centred.” I argue that the rise of the Plea Leniency System has led to “prosecution centredness.” Analysis of the operation and consequences of plea leniency shows how the procuratorate has overshadowed the police and further marginalized the courts. In plea leniency, the defendant has little chance of being acquitted and the legal profession provides little defence. While this paradigm shift signals further leniency in criminal justice, rights protections make way for efficiency and crime control. As such, plea leniency has profound implications for the operation of the criminal justice apparatuses, defendants, defence lawyers, and the mode of crime control in China.
Xin He (Wed,) studied this question.