A Study Of The Procedure Of The Second Instance In The Case Of Leniency For Pleading Guilty And Accepting Penalty

The good operation of the lenient guilty plea system requires a complete system to guarantee,but from the current law and its judicial interpretation,the defendant’s right to appeal is not clearly stipulated.Although the intense discussion in academia and the implementation rules in some provinces tend to the position that the defendant’s right to appeal is inalienable,due to the lack of unified provisions,in judicial practice,Prosecutors have different standards for following up the appeals of defendants,which inevitably leads to the suspicion of retaliatory protest.As for the procedure of second instance,since the Criminal Procedure Law has no special provisions for lenient cases involving guilty pleas,such cases can only be handled in accordance with the traditional procedure of second instance.As long as the defendant appeals,the second instance procedure can be started,and the principle of comprehensive review is adopted.This will not only lead to the defendant abusing the right of appeal to file a technical appeal after obtaining leniency through the guilty plea system.But also prolong the litigation cycle,waste judicial resources,not conducive to the realization of the efficiency of the system of lenient punishment.Of course,the trial of the lenient case of guilty plea cannot abandon its just value because of the excessive pursuit of efficiency value.Therefore,this thesis will analyze the prominent problems existing in judicial practice and put forward countermeasures to improve the second trial procedure of the system of leniency of guilty plea.The research background,significance,and methods of this thesis are briefly introduced by the author in the introduction section,in addition,the main viewpoints of the academic community within and outside the region at present are also introduced in this section.The main body is divided into four chapters.The first chapter analyzes the legitimacy of the appeal procedure in the case of plea of guilty,admission of punishment and leniency,and expounds the theoretical legitimacy of the second instance procedure in the case of plea of guilty,admission of punishment and leniency,namely,the supervision and restriction of public power,respect and protection of the legitimate rights and interests of the accused,and the unity of justice and efficiency;The procedure of the second instance has the voluntary protection of the defendant’s punishment,the correction of the first instance and the practical significance of the defendant’s relief,so it is very necessary to set up the procedure of the second instance.The second chapter mainly summarizes and arranges the provisions of the second trial procedure of the case of leniency of guilty plea according to the current Chinese laws and regulations and local implementation rules,searches and summarizes the second trial judgment documents of the case of leniency of guilty plea through websites such as Peking University Talisman,and analyzes the defendant’s reasons of appeal,the hearing process and hearing results of the second trial of the case of leniency of guilty plea.The third chapter on the basis of the first chapter mainly based on our guilty plea for leniency case second trial procedure judicial status,summed up the main problems existing in the trial practice.The first problem is that the defendants use the leniency system of guilty plea to get leniency and then extend the term of detention through technical appeals,in an attempt to shorten the time of entering prison or escape from entering prison.A small number of defendants also put forward a "blank appeal" with a lucky mind.The second problem is the procuratorate’s follow-up protest.Because there is no unified regulation,the procuratorate’s standard of protest is different.At the same time,the procuratorate responds to the appeal by protest.The third problem is that the second trial procedure of lenient cases of guilty plea adopts the principle of comprehensive review.In cases where the defendant has no objection to the facts determined in the original trial but has objection to the application of law,and cases where only part of the defendant appeals in joint crimes,more judicial resources will be spent to repeat unnecessary work.The specific construction of the second instance procedure for cases of leniency in confession and punishment is presented in fourth Chapter.Firstly,the establishment of the appellate grounds review system to protect the reasonable right of appeal.The establishment of the appellate grounds review mechanism needs to make clear the subject,procedure,content and standard of the review.Secondly,the procuratorate’s standard of protest is clarified to prevent the procuratorate from depriving the defendant’s right of appeal through retaliatory protest.Finally,the scope of the review of the second trial is optimized.On the basis of distinguishing factual trial and legal trial,the principle of comprehensive review is modified.The principle of comprehensive review is no longer applied uniformly,but the focus of the trial is within the scope of the defendant’s appeal grounds of pleading guilty to punishment.In order to show the significance and function of leniency system of guilty plea in the second trial of criminal.