Establishment Of The Examination System Of Appeal Grounds In The Cases Of Guilty Plea

The leniency system of guilty plea is based on the trend of contemporary development and focuses on solving the outstanding problems such as high rate of custody and long trial period in current criminal cases.This paper discusses the issue of"whether the defendant should have the right of appeal in the case of lenient punishment of guilty plea".The author further puts forward the view that "the defendant should have the right of appeal in the case of guilty plea,but the grounds of appeal should be established".From the perspective of comparative law,this paper mainly analyzes the comprehensive affirmation of the defendant’s right of appeal in the German plea bargaining system and the negotiated limitation in the United States plea bargaining system.The content of the two countries on the limitation of the defendant in litigation and the different way,in order to better use the plea forfeit from system,our country should be adopted for two system"take the essence and discard the dregs"attitude,have pleaded guilty to forfeit their appeal case reason review system to establish the importance and need to be set up under the system supporting measures accordingly.The author analyzes the feasibility of the system,the design of the review organization,the scope of application,the legal list of the reasons for appeal and so on.The corresponding supporting measures should be set up from four aspects:banning sentencing leniency "scissors difference" is too large,"protest" against "appeal",reasonable restriction on the function of "protest",guarantee for the defendant to go back on his word and confess his guilt,shaping the new benign interactive relationship between prosecution and defense and prosecution and law.