| Since the revision of the Criminal Procedure Law in 2018,it has achieved significant results from the broad system to the wide system,and have achieved remarkable results in promoting the proclaimer to meet crimes,resolve social contradictions,and improve litigation efficiency.However,the frequent repentance of the defendant has brought practical difficulties to the normal operation of the system,and deviated from the efficiency value of the proposed penalty system.In order to implement the active implementation of the appeal case,reasonably restrict the behavior of "repentance appeal",optimize the configuration of judicial resources,and it is necessary to study the agreement of the appeal procedures for the case of crimes.The main body of this article is divided into four sections.The first part adopts data analysis method for statistical analysis.Through the statistical analysis of the reasons for appeals,the reasons for protests by the Procuratorate,and the results of second-instance judgments in 2,675 cases,and combed our country’s judicial practice.The system is applicable to the problem.The second part,based on the previous data analysis,sorts out and reflects on the practical problems encountered in the appeal practice of guilty pleas and punishment cases in our country,such as insufficient guilty negotiation,insufficient "defensive protests" justifications,and low efficiency of appeal procedures,and demonstrates the necessity of constructing the appeal procedure of guilty pleas and punishment cases.The third part uses comparative research methods to compare and analyze the legal provisions of appeal rights and procedures in the negotiated judicial system of the United States,Germany and Chinese Taiwan,and intends to learn from their experience in system construction.The fourth part is the focus of this paper,and it is the path research of the appearance procedure of the case of pleasant penalty cases.This part first sorts out the theoretical disputes about the reform of the appeal procedure from the perspective of the theory of right supply,right disposal and litigation efficiency,and discusses the theoretical basis for the construction of the appeal procedure;then,it explains the specific concept from the two aspects of application conditions and simplified paths.;Finally,this article proposes the necessary supporting measures to ensure the smooth operation of the appeal procedure of confessed guilty and punished cases.The construction of the appeal procedure for confessed guilty and punished cases should be based on the current operating status of my country’s confessed guilty and punished system,learn from the successful experience of extraterritorial criminal appellate trials,and coordinate the value of justice and efficiency with systematic thinking.In order to reduce the time required for procedures,increase the proportion of court sessions,and seek a balance between judicial justice and litigation efficiency,the court of first instance has adopted sentencing recommendations and sentenced to three years in prison,in addition to submitting voluntary and wise objections should apply to the Simplified appeal procedure. |
