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

As an effective measure for reforming the new judicial system,the leniency system for plea guilty and accepting punishment aims to alleviate the contradiction between the current growing number of criminal cases and the limited judicial resources,help to make full use of judicial resources,and ensure a fair judicial trial.In the process of continuous development of the system,the phenomenon of defendants’ abuse of the right to appeal has become more and more frequent,which greatly increases the possibility of the risk of functional alienation of the system.,in order to make the system more comprehensive and perfect,it is very necessary to study the defendant’s appeal.Through the research method of empirical analysis,the 296 valid samples retrieved were analyzed,and the relevant information and data such as the corresponding charges,the reasons for the appeal,the trial methods of the first instance and the second instance,the judgment results,and the protest situation were summarized.Only then can we have a more comprehensive understanding of the right to appeal in plea cases.At present,in this system,there are some problems,such as the risk of abuse of the defendant’s right of appeal,the formality of case review,the confusion of case proof standard,and the possible protest caused by the defendant’s appeal of guilty plea and punishment.It is defendant who pleads guilty and accepts punishment should be limited within a certain range,and the above-mentioned reasons in the relevant cases should be enumerated.An appeal by the defendant is permitted only within some limited grounds of appeal.Before the relevant legislation is amended,a pilot program can be initiated,and the prosecution and defense can sign a relevant agreement through negotiation.During this process,the judicial organs are obliged to perform the work of review and notification,and provide procedural guarantees for the defendant.In theory,there are mainly two types of appeals: rights-based and discretionary-based.In China,it is usually a rights-based appeal,that is,as long as the defendant appeals,the second-instance procedure will begin.Strictly speaking,a discretionary appeal is an application,and the court has to review it,and the second instance can be conducted after the review is passed.As the phenomenon of defendants’ abuse of the right to appeal has become more frequent in recent years,it is imperative to introduce discretionary appeals into the leniency system for guilty pleas.When discussing the relevant standards of proof,it is necessary to distinguish the two kinds of factual proofs of crime and sentencing.The proof standard of criminal facts cannot be lowered,but the proof standard of sentencing facts cannot be lowered.It will undermine the principle of presumption of innocence,and can further speed up the trial efficiency of cases,the defendant’s right to appeal and the prosecutor’s right to protest should be protected,so as to maintain the legality of the proceedings and the accuracy of the verdict.Procuratorial organs shall,in accordance with the statutory standards for protests,reasonably use the right to protest against erroneous first-instance judgments.For appeals of different natures,the procuratorial organs should treat them differently and respond flexibly.