Research On The Defendant’s Right To Appeal In The Case Of Guilty Plea And Punishment

In recent years,the number of major criminal cases seriously endangering personal safety has decreased,and the number of misdemeanor criminal cases has increased.With the reform of the judge quota system,judicial resources have decreased.In order to reasonably allocate judicial resources and improve case handling efficiency,the guilty plea and punishment system came into being.However,with the application of this system in practice,there is a situation that the defendant continues to appeal.After receiving leniency,some defendants also look forward to lighter punishment or appeal in order to realize "stay in prison",which is not only not conducive to the improvement of litigation efficiency,but also has an adverse impact on judicial justice in the long run.Therefore,it is necessary to study this problem in order to solve the current dilemma.This paper will mainly use the method of positivist analysis to study the problem of the defendant’s subsequent appeal after pleading guilty and punishment.Taking the case data in the Chinese judgment document network as the research sample,this paper will show and briefly analyze the proportion,type and appeal judgment result of the defendant’s appeal after pleading guilty and punishment,and then explore the real reason of the defendant’s appeal hidden behind the appeal petition.In fact,the defendants mostly appeal for "secondary interests",which is not really not a confession of guilt and punishment.This appeal violates the original intention of the confession and punishment system,seriously destroys the application of the confession and punishment system,and also affects the realization of the relief function of criminal appeal.In order to solve the problems caused by the defendant’s malicious appeal,the academic circles have carried out extensive discussion on whether the defendant’s right of appeal in the case of guilty plea and punishment should be limited,and mainly put forward three views,namely "comprehensive prohibition of the right of appeal","comprehensive reservation of the right of appeal" and "partial restriction of the right of appeal".This paper will sort out these three views,and then,combined with China’s judicial practice,explain the necessity of setting up the right of appeal in China and the dilemma of setting up the right of appeal in the system of guilty plea and punishment,and then come to the conclusion that there are certain limitations between the comprehensive prohibition of the right of appeal and the comprehensive retention of the right of appeal.It is more reasonable to partially restrict the defendant’s right of appeal,which is not only conducive to realizing the value balance of justice and efficiency,It is also conducive to maintaining the proper operation of confession and punishment and the stability of the appeal system,which is in line with the development law of criminal justice.Finally,as for how to limit the right of appeal,this paper proposes to establish a causal appeal mode of appeal review system,review the defendant’s reasons for appeal,filter the unreasonable appeal before the second instance by establishing a threshold,and retain the defendant’s reasonable right of appeal,which not only ensures the legitimacy of the defendant’s appeal,but also leaves a relief way for the defendant whose real rights and interests are damaged.In addition,from the perspective of the parties,procuratorial organs and courts,this paper also puts forward corresponding supporting measures to assist the appeal review system to limit the malicious appeal of the defendant who pleads guilty and punishes in practice,so that the defendant can exercise the right of appeal more standardized in the system of pleading guilty and punishing,so as to realize the win-win situation of judicial efficiency and the protection of the defendant’s rights.