Research On The Abuse Of The Right To Appeal In Cases Of Confession And Acceptance Of Guil

Leniency system of confession and punishment has been implemented since 2018,which not only improves the efficiency of litigation on the premise of ensuring the quality of cases,but also optimizes the allocation of judicial resources.However,as a consultative system design,this new system not only provides the possibility for the diversification of litigation structure and forms,but also produces some contradictions because of different value orientation with the old system.After receiving in guilty plea,under the protection of the principle of no additional punishment on appeal,some defendants have to appeal regardless of whether the judgment of the first instance is correct or not,in order to gain further benefits of sentencing.The defendant filed an appeal is not improper,the criminal justice still needs to protect the defendant’s right of relief,but the abuse of appeal right not only goes against the original intention of the system of leniency in guilty plea,but also causes many negative effects.Under this background,this paper starts with the essence of the appeal right,discusses the meaning and expression forms of the abuse of the appeal right,and focuses on the current situation of the abuse of the appeal right in the lenient cases of the guilty plea.At the same time,this paper hopes to provide some ideas for preventing and solving the abuse of appeal right in lenient cases of guilty plea by learning from the experience of similar systems abroad and combining with the system characteristics of our country.