Research On The Protection And Limitation Of The Defendant’s Right To Appeal In The Case Of Leniency Of Guilty Plea

In criminal proceedings,we should not only seek the requirements of justice in the process of procedure operation and its final results,but also seek to obtain the best effect by investing as little judicial resources as possible.In short,justice and efficiency are the two most basic values of criminal procedure.Similarly,these two values should run through the system and be applied and reflected in practice.But now,there are all kinds of contradictions and conflicts in the appeal of the defendant in the case of guilty plea.There is no doubt that the appeal system is an indispensable part of the criminal procedure system,which plays an important role in safeguarding the legitimate rights and interests of the criminal appellant and ensuring the correctness of the judicial judgment.On the other hand,the leniency system of confession and punishment established by the criminal procedure law has its own value embodied in the simplification of litigation procedures and the establishment of litigation economy,so as to improve the judicial efficiency.It can be seen that there are some contradictions between them.If we blindly pursue justice and ignore efficiency,it will deviate from the original intention of making a confession.By combing the relevant literature,it is found that the research on the defendant’s right to appeal in the system of leniency of guilty plea is more controversial in the academic circles at home and abroad,but mainly focuses on the theoretical level of the leniency system and the right of appeal,but there is little mention on the practical research,or there is a lack of practical,practical and targeted solutions.Therefore,there is still a large space for research.In view of this,it is necessary to discuss the establishment of the right of appeal under the system of lenient admission and punishment.Whether the defendant’s right to appeal should be protected,whether it should be fully protected or restricted,whether it still meets the preconditions of guilty plea and whether the lenient circumstances such as whether the defendant’s right to appeal should be protected,whether the defendant’s right to appeal should be fully protected or restricted,whether the defendant still meets the premise of guilty plea and punishment,and whether the lenient circumstances such as whether to revoke the confession and punishment are worthy of our attention and research.This paper attempts to balance the protection and limitation of the defendant’s right to appeal,seek an effective solution mechanism and achieve a reasonable balance,so as to make the two value objectives develop steadily in the balance,so as to maximize the litigation benefits,and finally promote the perfection and good operation of China’s criminal litigation system.