Research On The Reform Of The Second Instance Procedure Of The Case Of Guilty Plea And Punishment

The amended Criminal Procedure Law in 2018 formally confirmed the plea leniency system,and the newly opened speedy trial procedure in this amendment is one of the important system innovations of the criminal first instance procedure to achieve the value goal of the plea leniency system to improve litigation efficiency and save judicial resources,which injects fresh blood into the trial of the first instance procedure for plea cases.However,unfortunately,the second-instance criminal procedure did not make any changes to the plea-bargaining system in this amendment,which is inconsistent with the requirement that the plea-bargaining system be applied to the whole process of criminal litigation.This paper analyzes the information of the original sentence,the initiation method,the reasons for initiation,the trial method,the decision result and the reasons for the decision in 1000 cases of second trial of plea cases through the method of empirical analysis,and sorts out the new problems arising from the situation that the plea leniency system is greatly promoted: including the abuse of the right to appeal,the expansion of the right to resist prosecution and the rough provisions about the trial method and scope of the second trial.These problems have collectively hindered the development and progress of the criminal second trial procedure.In order to solve the above-mentioned problems in the second trial procedure of plea cases,we can try to explore a reform path that can balance justice and litigation efficiency from the following three levels.First,at the level of access to the second trial procedure,under the premise of guaranteeing that defendants in plea cases are not deprived of the right to appeal and adhering to the principle of "no additional penalty on appeal," a discretionary appeal system can be introduced in expedited cases to regulate the behavior of appeal without just cause.At the same time,the prosecutors should also stop filing defensive protests as an effective remedy to limit the right to appeal.Secondly,in the second instance and the scope of the trial,the trial should be subdivided into two types of trial and trial without trial;in the scope of review,the principle of comprehensive review should be broken down to achieve precise trial and improve the efficiency of litigation,but some cases of comprehensive review should also be retained to protect the legitimate rights and interests of the pursued.Finally,the reform effect of the second trial procedure of plea cases should be guaranteed through measures such as clarifying the double binding force of the plea agreement for both the prosecution and the defense and strengthening the function of duty lawyers.