Legal Representation and Criminal Processing in China

Abstract:     
Western literature indicates that competent legal representation has a significant impact on case disposition. Despite the enhanced role of defence attorneys in China, little research has systematically examined the impact of legal representation on case outcomes. The present study examines this issue with data on the prosecution and adjudication of theft cases in a Chinese court. Although legal representation has little net impact on pre-trial detention and sentencing decisions, further analysis indicates that some types of defence were more likely to be accepted by judges than others. We then discuss the implications of this study on legal reforms in China, and the role of legal representation in an inquisitorial justice system.

Accepted Paper Series