Research On The Right Of Appeal Of The Defendant In The Case Of Pleading Guilty To Punishment

With the development of social economy and the progress of technology,the demand of the people for fairness,justice,and the rule of law and security has also increased,and the judicial authorities have continuously strengthened their efforts to combat criminal crimes.At the same time,the number of criminal crimes is also constantly increasing,but China’s judicial resources have not correspondingly increased,and the current judicial resources are difficult to cope with the massive number of criminal cases.In order to ensure the fair value of justice and improve judicial efficiency,the lenient system of confession and punishment has emerged.Its essence is to optimize the allocation of judicial resources,promote the diversion of complex and simplified cases,and achieve the unity of fairness and efficiency in criminal case handling.But we should also see that there are urgent areas for improvement in this system,both in judicial practice and legislation.For example,the issue of the defendant’s right to appeal in cases of confession and punishment discussed in this article,and how to scientifically set up the defendant’s right to appeal in cases of confession and punishment,is an important issue faced by the theoretical and practical circles of criminal litigation in China.This article attempts to explore this topic:The first part clarifies the connotation of the defendant’s right to appeal in cases of pleading guilty.Firstly,the defendant’s right to appeal in cases of confession and punishment was distinguished from that in ordinary cases.Afterwards,an analysis and introduction were conducted around the theories related to the right to appeal,in order to further analyze and summarize the unreasonable and urgent issues that still need improvement in the appeal right in current confession and punishment cases,and lay the foundation for proposing countermeasures in the future.The second part sorts out the theoretical disputes on the right to appeal in current cases of confession and punishment.This article focuses on the main viewpoints in China’s academic community on whether to restrict the right to appeal,and conducts necessary analysis.On this basis,I proposed and demonstrated my own viewpoint that in principle,the right of appeal of defendants in cases of confession and punishment should be retained and limited.At the same time,for specific cases of confession and punishment,I attempted to implement a negotiated waiver system of the right of appeal.The third part explores and analyzes the appeal issue under the background of the extraterritorial plea bargaining model.This section mainly takes the issue of the right to appeal in cases of plea bargaining for defendants in countries such as Germany,the United Kingdom,and the United States as the starting point,and conducts research on the establishment of the right to appeal for defendants in similar systems outside the region,as well as the appeal procedures,in order to provide reference for the subsequent improvement of the right to appeal for defendants in cases of plea bargaining and punishment in China.The fourth part analyzes the legal supply and judicial practice related to the defendant’s right to appeal in current cases of confession and punishment in China,and delves into the current problems.For example,in legislation,there is no restriction on the right of the defendant to appeal in cases of confession and punishment,which leads to the defendant’s abuse of the right to appeal in cases of confession and punishment,and the arbitrary opening of the second instance procedure.And there are common problems in judicial practice,such as inadequate protection of the defendant’s right to know and other legitimate rights by judicial personnel in cases of confession and punishment,improper use of the right to protest by procuratorial organs to restrict the defendant’s right to appeal,and the defendant’s right to appeal for wrongful punishment in cases of confession and punishment.The fifth part proposes suggestions for improving the right to appeal in cases of confession and punishment in China.1.Clarify the reasons for the appeal,including the reasons for allowing the appeal and the reasons for limiting the appeal.Among them,the reasons for allowing an appeal include:(1)the court did not fully follow the guilty plea agreement in sentencing;(2)The defendant pleaded guilty and punished against his will;(3)New facts and evidence appear in the case;(4)The trial procedure is illegal and falls under the circumstances stipulated in Article 238 of the Criminal Procedure Law.The reason for limiting appeal mainly refers to the defendant’s arbitrary appeal for opportunistic purposes in cases where there is no justifiable reason for pleading guilty and punishment.2.Establish an appeal procedure review procedure.This article suggests that the filing court of the second instance court should conduct a detailed review of the reasons for the appeal filed by the defendant in the case of confession and punishment,regardless of the reason,and serve as a pre procedure for the opening of the second instance procedure,so that the second instance resources can be concentrated in the cases that require relief.On the other hand,it can also combat the abuse of the right of appeal by the defendant in the case of confession and punishment.3.Standardize the exercise of prosecutorial organs’ right to protest.The protest filed by the procuratorial organs for the purpose of maintaining the rigidity of the plea agreement and retaliating against the defendant’s appeal behavior in plea cases is not only unfounded in law,but also violates the value of judicial justice.Moreover,the protest behavior of the procuratorial organs leads to the simultaneous participation of the first and second instance courts and procuratorates in the case trial,not only causing a waste of judicial resources,but also putting pressure on the second instance court.Therefore,the procuratorial organs should appropriately tolerate the defendant’s appeal behavior in cases of confession and punishment,and cautiously file a protest based on comprehensive considerations from all aspects.4.Strengthen the protection of the rights of defendants in cases of confession and punishment.At the level of judicial authorities,it is necessary to strengthen their obligation and right to inform,and to increase the transparency of the negotiation process for confession and punishment in various forms.At the level of improving the on duty lawyer system,it is necessary to endow the on duty lawyer with the status of defender.In confession and punishment cases,the on duty lawyer should negotiate sentencing with the procuratorial organs on an equal basis as the defendant’s defender,pointing out illegal acts in the confession and punishment process,At the same time,it is recommended that the on duty lawyer cover the appeal review stage to better protect the rights and interests of the defendant.5.Establish a negotiated waiver of the right to appeal for specific cases.It is recommended that in cases of dangerous driving crimes involving drunk driving,the right of appeal for defendants who plead guilty and have a sentence of less than three months of detention,which is subject to the expedited sentencing procedure,be waived through negotiation to improve judicial efficiency.