Legal Regulation Of The Defendant's Right To Appeal In Cases Of Guilty Plea And Acceptance Of Punishmen

It has been several years since China officially established the lenient system for confession and punishment in 2018.Through continuous testing in practice,this system has shown great value in improving litigation efficiency and saving judicial resources,and has made outstanding contributions to promoting the improvement of China’s litigation system.At present,in the lenient system of confession and punishment in China,there is basically no restriction on the defendant’s right to appeal,that is,as long as the appeal conditions are met,the second instance procedure can be initiated.In practice,there are also contradictions and conflicts between the handling results of some cases of leniency in confession and punishment and legal provisions.Therefore,in order to clarify contradictions and conflicts and promote the development of China’s lenient system for confession and punishment,it is necessary to correctly treat the issue of how the defendant exercises the right to appeal under this system.Through a comparative study of two representative cases,this study delves into the problems that exist in the exercise of the defendant’s right to appeal under the lenient system of confession and punishment in China.Supported by various theoretical theories and combined with comparative studies of foreign confession negotiation systems,this study seeks a solution to the defendant’s appeal problem under the lenient system of confession and punishment in China.It is recommended to establish a system for reviewing appeal grounds and supporting safeguard measures,distinguish different types of appeals,and apply different litigation procedures to different types of appeal.