Research On The Right Of Appeal In China's Fast Track Procedure

The defendant has the right of appeal according to the Pilot Program of the system of Leniency on Admission of Guilty and Acceptance of Punishment.system.However,there are many problems in the exercise of the right of appeal in practice:In order to pursue the target of efficiency in the fast track procedure,the Judiciary excludes,to some extent,the defendant from appealing.such as the Judiciary persuades the defendant to withdraw the appeal.What is more,detention centers also join the queue for "persuading and withdrawing the appeal" in some pilot areas.Although trying their best to control the exercise of the defendant's right of appeal,they do not put an end to the appeals.In addition,the Standing Committee of the National People's Congress says that the fast track case may be trialed in writing or prohibited from appealing,Theorist also has different views on this.Therefore,it is urgent to solve the problem of "whether the defendant should be empowered to the right of appeal and how to exercise the right of appeal.According to examine the exercise of the right of appeal and reference to the study of the theory circles,I think that the defendant should be empowered the right of appeal,however,some limits should be put on this.The paper is divided into four chapters to study this.The first chapter discusses the dilemmas of setting the right of appeal in the fast track procedure,firstly introducing the connotation and function of the right of appeal,and then discussing the special problems that the fast track procedure face to.establishing the right of appeal and the efficiency of litigation.It may be harmful to the efficiency for the establishment of the right of appeal,but harmful to the legal justices with no none.The second chapter discusses the practical observation on the right of appeal in the fast-track procedure,and introduces the exercise of the right of appeal of the fast-track procedure,including the proportion of appeal cases,the reasons for appeals,the first sentence of appeals,the distribution of the second instance.Then discusses the problems in the exercises of the appeal from the views of the Judge,the prosecutor,the defendant.The third chapter discusses the theoretical controversy and the author's analysis of the controversies mentioned above.The fourth chapter discusses the suggestion on the reform of the right to appeal proceedings,which is the most important part of this article.First discussing the reasons for retaining the right to appeal,then discussing the restrictions on the right of appeal.