Research Of The Appeal Right Of The Defendant In The Case Of Pleading Guilty And Accepting Punishments With Leniency

Improving the System of Pleading Guilty and Accepting Punishments with Leniency is an important requirement made by The fourth plenary session of the 18 th Communist Party of China Central Committee.The Criminal Procedure Law and Instructions which newly revised established and perfected the principle of pleading guilty and accepting punishments with leniency.This system embodying China's criminal policy of leniency and strictness,including saving judicial resources and promoting the streamlining of cases,but the existing system loopholes are increasingly apparent in judicial practice.The current legislative provisions and judicial interpretations do not elaborate on the defendant 's right of appeal and trial system.The specific practices of judicial organs across the country are inconsistent.This led to a heated discussion on whether the defendant's right to appeal should be restricted or reserved in academia.It is of great significance to study this subject.The first chapter expounds the basic concepts,including the concept of criminal appeal,the right of appeal,the function of the right of appeal and the value conflicts.The second chapter analyzes the appearance of the defendant's right of appeal in current judicial practice.The third chapter elaborates the theoretical controversy of the appeal right of the defendant in this system and makes a justification analysis.The fourth chapter discusses the significance of restricting the application of appeals in China,and constructs appeal procedure.