Research On The Defendant’s Appeal In The Case Of Pleading Guilty And Lenient Punishment

In order to meet the needs of the judicial system reform in the new era and alleviate the contradiction between the shortage of judicial resources and the high level of criminal cases,in 2018,my country officially incorporated the leniency system for admitting guilt and accepting punishment into the Criminal Procedure Law,and it will be implemented from March 1,2021.The new "Interpretation of the Criminal Procedure Law" has added a chapter on "trial of plead guilty and accepted punishment cases".Although the new content has formulated relatively detailed trial regulations for plead guilty and accepted punishment cases,it has not made any distinctions concerning the defendant’s appeal.Special provisions for general procedures.This results in the lack of a supporting system.Therefore,the defendants use the existing system loopholes to satisfy their unfair appeal interests.In practice,some defendants abused their right of appeal and made malicious appeals in order to achieve "retention to serve their sentences",to escape prison reform through labor,or to seek more favorable sentencing on the basis of lighter punishment.This is obviously contrary to the original design of the system.To some extent,the system has been emptied and regarded as a springboard for seeking unfair litigation interests.It also reflects the problems of the leniency system for pleas and punishments in relation to appeals.And the imperfection of several mechanisms that go with it.Therefore,this article will discuss the relevant typical cases in Guangxi,reflect on the crux of the defendant’s appeal in the case of leniency and leniency,and combine the academia and industry to discuss whether the defendant’s right to appeal in the plea case is preserved and how to preserve it.Based on the judicial practice in my country,this paper proposes a system concept to limit the defendant’s right to appeal,and proposes related supporting systems and measures to create an equal consultation environment for pleading guilty and accept punishment and solve the problem of detention.In addition to the abstract and the conclusion,the main text of this article is mainly composed of four parts.The first part is based on the relevant typical cases of Guangxi Zhuang Autonomous Region,and is classified from the perspective of whether the defendant seeks the interests of legitimate appeal,and a brief introduction to individual typical cases.Analysis,which leads to the main problem to be studied in this paper.The second part analyzes and demonstrates the crux of the defendant’s appeal in the case of leniency and leniency,and proposes that the reasons for these problems are due to the lack of restrictions on the defendant’s right of appeal in the legislative level,as well as the lack of an equal consultation environment and the defendant.An appeal was made by the person seeking detention to serve his sentence.The third part discusses in detail the different theoretical viewpoints in the current academic circles on the reservation of the defendant’s right of appeal in the case of leniency and leniency,and analyzes the reasons why different scholars agree with different viewpoints,as well as the legitimacy and adverse effects of each viewpoint.And make a brief comment on the view that the author agrees to limit the right of appeal.The fourth part mainly analyzes and discusses the theory of restricting the right of appeal that the author supports,mainly discusses the justification for restricting the right of appeal and the relevant system ideas,and proposes supporting systems and measures related to restricting the right of appeal,including creating an equal right of appeal.Negotiate the environment and explore diverse paths to resolve appeals for detention.