Study On The Appeal Procedure Of System Of Lenient Punishment For Admission Of Guide And Acceptance Of Punishment

The 2018 Criminal Procedure Law clearly provides for System of Lenient Punishment for Admission of Guilt and Acceptance of Punishment,System of Lenient Punishment for Admission of Guilt and Acceptance of Punishment is applied throughout the pre-trial stage and trial stage,which is an important element in the reform of the criminal procedure system.The guilty plea of the pursued person saves judicial resources,improves the efficiency of the proceedings,and mitigates the adverse social impact caused by the crime.However,behind this criminal procedure,there is inevitably a lack of system.If used improperly,it can be used for improper benefits,resulting in the impairment of efficiency values and the lack of justice values.From the perspective of prior legislation and judicial interpretations,there is no clear provision on the right of Appeal after the defendant pleads guilty and punishments,and different judicial organs across the country have inconsistent practices regarding such Appeal cases and lodge an appeal filed by the prosecutors due to Appeal.The controversy over the retention or abolition of the defendant’s reservation and how to limit it in the theoretical community has led to a significant study of the system of Lenient Punishment for Admission of Guilt and Acceptance of Punishment in the context of the Appeal system.The study of the appellate system in the context of System of Lenient Punishment for Admission of Guilt and Acceptance of Punishment is significant.In this paper,we analyze the problems that arise in the Appeal process from a macroscopic point of view with evidence from microscopic cases,starting from an empirical analysis of the System of Lenient Punishment for Admission of Guilt and Acceptance of Punishment Appeal issues.We also introduce theoretical perspectives on these issues and analyze them theoretically,and finally propose relevant suggestions to improve the writing ideas and discuss the issues related to the System of Lenient Punishment for Admission of Guilt and Acceptance of Punishment Appeal process from the following four parts.The first part is a macroscopic analysis of the judgment documents published on the website of Chinese Judgment Documents,from the distribution of the reasons for Appeal,the situation of the first trial judgment,the situation and reasons for the lodge an appeal by the prosecutor’s office,and the judgment results after Appeal,and on this basis,we will reflect on the implementation effect of plea leniency.In the second part,in response to the three problems that can be derived from the previous empirical analysis in the Appeal process.The first problem is the dilemma of System of Lenient Punishment for Admission of Guilt and Acceptance of Punishment applying itself,where the reasons that lead to the existence of this risk include two main aspects.On the one hand,from the corresponding legal norms and judicial practice found that China’s System of Lenient Punishment for Admission of Guilt and Acceptance of Punishment itself at this stage.There is a risk of false admission of guilt due to the simplification of litigation procedures,will make to the trial centered on the court is a formality.On the other hand,is the difference in the prosecution and defense ability in the investigation and evidence,the absence of the right to help lawyers.Therefore,in order to protect the litigation rights of the pursued person,the reasonable setting of the right to Appeal becomes necessary.The second problem is that defendants have abused their right to Appeal,with some filing in bad faith to seek Sentencing benefits and others filing for the purpose of avoiding prison time.This runs counter to the original value of applying the System of Lenient Punishment for Admission of Guilt and Acceptance of Punishment.The third issue is the conflict arising from the filing of a lodge an appeal by the prosecutor’s office.In the third part,the theoretical analysis on the issue of Appeal is carried out to emphasize the importance of the reasonable setting of Appeal procedures to the value of criminal justice and the necessity of reasonably restraining the defendant’s right to Appeal.Chinese scholars put forward the viewpoints of reservation,deprivation,and restriction respectively on whether defendants in plea cases have the right to Appeal.Besides,the prosecutor’s office to "lodge an appeal to increase the sentence" in response to the defendant’s malicious Appeal has no legal basis,and contrary to the "Appeal does not increase the sentence" and other basic principles.Combined with the theory of Appeal right and some comparative law experience,it should be clear that the cornerstone of plea bargaining lies in the "confrontation-based consent," which needs to be guaranteed by a series of institutional arrangements.In the full realization of pre-trial due process guarantees,the function of our second trial procedures,the full protection of the right of the pursued Appeal.In the fourth part,to address the issue of Appeal,firstly,increase the review of the voluntariness of the plea,and give the defendant the right to file an Appeal after pleading guilty and pleading guilty,but in the setting of the right to appeal,the defendant’s right to appeal should be restricted,and the defendant’s reasons for Appeal should be reviewed.At the same time,the exercise of the supervisory authority’s right to lodge an appeal should be regulated to improve the accuracy of Sentencing recommendations.