Research On The Defendant’s Appeal Under The Leniency System Of Guilty Plea And Punishment

The leniency system of guilty plea and punishment aims to encourage the defendant to actively admit guilt and punishment from the two dimensions of lighter entity and simpler procedure by introducing the sentencing consultation mechanism,so that the cases of guilty plea and punishment and non guilty plea and punishment can operate under different litigation procedures,promote the diversion of complexity and simplicity of criminal cases,reduce judicial costs and improve the governance ability of criminal justice in our country.At present,the application rate of the leniency system of guilty plea and punishment has gradually increased,and the system operation effect is remarkable.However,the law has not made clear provisions on the appeal of guilty plea and punishment cases.Because China’s criminal appeal system adopts the system of no cause appeal,the diversified first instance procedure has a value conflict with the unitary appeal system,and there are a large number of abuses of the right of appeal in judicial practice,which is contrary to the original intention of the system design.The defendant pleaded guilty and then appealed,which not only reflects the problems existing in the operation of the system,but also reflects the lag of the response mechanism of the appeal system.Therefore,on the one hand,we should pay close attention to the system construction,protect the defendant’s litigation rights and reduce the phenomenon of appeal from the source;On the other hand,we should reasonably regulate the abuse of the right of appeal,establish the review system of appeal reasons,and make the second instance procedure play its real function,so as to maintain the long-term operation of the leniency system of guilty plea and punishment.In addition to the introduction and conclusion,the text includes four parts:The first part: the basic theory of appeal under the leniency system of guilty plea and punishment.This part focuses on the two basic concepts of confession and punishment and appeal.Firstly,it introduces the concept,legal basis,characteristics and basic value of the leniency system of confession and punishment.Secondly,it introduces the concept,characteristics and value conflict of the appeal of confession and punishment cases,so as to lay a solid foundation and lay a theoretical foundation for clarifying the basic problems of the appeal of confession and punishment cases.The second part: the theoretical dispute about the defendant’s right of appeal in the case of guilty plea and punishment.The defendant’s right to appeal in the case of guilty plea and punishment is a hot topic in the current discussion.Firstly,this part introduces the background and reasons of disputes in the current academic circles from the two dimensions of legislative background and judicial background;Secondly,it introduces the main viewpoints and theories of the current academic circles;Finally,it evaluates and summarizes the current views of the academic community,and puts forward its own positions and views.The third part: the investigation and reference of the appeal under the extraterritorial plea negotiation mode.By analyzing the defendant’s appeal under similar systems in the United States,Britain and Germany,this part studies the allocation of the right of appeal,the limitation of the scope of appeal,the procedure of appeal and the review of the court of appeal in similar systems abroad,so as to provide reference for solving the problems in the appeal of plea and punishment cases in our country.The fourth part: about the judicial pattern of the defendant’s appeal under the leniency system of guilty plea and punishment.This part summarizes the problems and reasons existing in the current appeal from the aspects of appeal rate,appeal reasons,adoption of sentencing suggestions,protest of the protectorate and the judgment results of the court of second instance,so as to understand the judicial status of the appeal of confession and punishment cases in China.Part V: suggestions on the improvement of the appeal under the leniency system of guilty plea and punishment: this part puts forward corresponding suggestions from the two aspects of the leniency system of guilty plea and punishment itself and the reform of the appeal system.On the one hand,we should do a good job in the system guarantee measures to protect the defendant’s basic litigation rights and reduce the phenomenon of appeal from the source;On the other hand,put forward the review system of appeal reasons,reasonably regulate the abuse of appeal right,and ensure the benign and healthy development of the system from a two-way dimension.