Date of Award

12-2021

Document Type

Dissertation

Degree Name

Doctor of Juridical Science (SJD)

Abstract

This dissertation mainly discusses the Plea Leniency System that was recently legislated in China. Plea Leniency had completed a 2-year tryout stage, and was officially legalized into the Criminal Procedure Law of China in Oct.2018. The application of pleading procedures seems inevitable around the world, and operates differently in each country. As a result, there exist both similarities and differences between Chinese Plea Leniency and American plea bargaining.

This dissertation contains comparative research, empirical research and case research. Chapters I to III will form the first half of my research. This part contains my retrospective research of pleading procedure’s past development in China; the analysis of China’s legislation on Plea Leniency; and my first stage empirical research, in cooperation with Shanghai X District’s People’s Procuratorate. Chapter IV to VII will form the second half of my research: Based on my second stage empirical research, also combined with my comparative research between Chinese and American pleading systems, these four chapters will further compare Chinese Plea Leniency and American plea bargaining systems, in four different aspects. Chapter VIII contains my summary.

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