Abstract as per original application
(English/Chinese): |
Few existing studies have been able to crack open the black box regarding guilty pleas. China’s plea leniency system, which allows defendants to negate their own agreement with sentencing recommendations and appeal against court decisions, provides an excellent window into this black box. In this project, we will first collect information from plea leniency appeal decisions, including the types of defendants, legal representatives, reasons for appeal, protests of the procuratorate, recommended sentences, and final decisions. Then, we will interview relevant lawyers and prosecutors in four areas representative of different levels of caseload, economic and institutional development, political pressures, and judicial professionalism. Our analysis of the quantitative and qualitative data will, for the first time, uncovers the impact of social inequalities in legal processes and outcomes. The findings will also allow us to explore how the procuratorates exercise their enormous power and the role of lawyers. The project will not only generate policy recommendations for reforms to the criminal procedure in China but also provide evidence for broader theoretical debates about the relationship between law, fairness, and efficiency, as plea-oriented criminal proceedings have swept the world.
很少有研究能够打开认罪交易的黑盒。中国的认罪认罚从宽制度允许当事人上诉，提供了理解这个过程的绝佳窗口。本项目将首先收集上诉案件中的基本信息，然后对四个不同经济社会发展水平的地区的相关参与人进行访谈，包括检察官，律师。我们的分析将首次揭示社会不平等如何影响这个法律过程和结果。我们也将探讨检察院是如何运用巨大的权力以及律师的角色。在推进理论发展之外，这个项目也将提出政策建议。
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