A Study On The Defendan's Right Of Apperl In The Case Of Leniency Of Confession And Punishment

In 2018,the Criminal Procedure Law added "Leniency system of confession and punishment" as the basic principle of criminal procedure,aiming to alleviate the contradiction between the limitation of judicial resources and the development trend of slight and rapid increase of criminal cases under the background of post system reform,and realize the effective use of judicial resources while maintaining judicial justice.The reform of confession and punishment is in line with the background of the times and the orientation of litigation value.It is based on the accusation of the accused by the public prosecution,through the negotiation of sentencing with the accused,it gives the accused the autonomy of confession and punishment,speeds up the pace of litigation,and restores the harmony and stability of social order as soon as possible.In practice,the application of the system of pleading guilty and admitting punishment has also achieved a relatively ideal effect.In the first instance,the defendants are generally subject to litigation and serving the sentence,realizing the rapid and fair trial effective resources for handling the case.However,some defendants appeal for the interests of secondary appeal after lenient sentencing,such as "staying and serving the sentence".The right of appeal,as a vital means of right relief for the accused,is the embodiment of the basic human rights principles in the field of criminal justice,which is of great significance to maintain procedural justice and ensure the fairness of judgment.However,in practice,the status quo ofthe alienated exercise of the right of appeal of the accused conflicts with the value goal of saving judicial resources and optimizing the allocation of judicial resources by the lenient system of confession and punishment,This is also a difficult problem to be solved in practice.In view of the negative effects caused by the abuse of the right of appeal,some scholars have been calling for the restriction of the defendant's right of appeal,right of appeal.Therefore,based on the practice of leniency of confession and punishment system and the purpose of saving judicial resources and maintaining judicial justice,this paper discusses the rationality of restraining the right of appeal of the accused on the basis of considering the balance of interests of all parties,so as to guarantee the reasonable right of action of the parties,and provide some opinions for the realization of the legitimacy,legitimacy and scientific development of leniency of confession and punishment system.This paper mainly discusses the current situation and Countermeasures of appeal under the system of leniency of confession and punishment in four chapters:The first part mainly discusses the necessity of setting up the right of appeal and the dilemma of setting up the right of appeal under the system of confession and punishment.As a necessary means of right relief,the right of appeal is indispensable for the realization of criminal value goals such as human rights protection and procedural justice.However,there are special contradictions between the setting of the right of appeal and the system design of lenient confession and punishment: setting the right of appeal slows down the pace of litigation,affects the efficiency of litigation,violates the "confession and punishment",does not set the right of appeal to damage the justice of litigation,and is not conducive to being chased Protection of the rights of the plaintiff.Therefore,there is a dispute on the reservation of the right of appeal in the reform of the leniency system of confession and punishment.The second part is an empirical analysis of the current situation of the accused's right to appeal in the use of the leniency system.Based on the case sample analysis collected by the "magic weapon case database of Peking University",this paper introduces the proportion of the exercise ofthe right of appeal,the charges involved,the reasons for appeal,the results of the two-level courts,and the exercise of the Procuratorate's right of protest,and discusses the problems in the exercise of the right of appeal from the parties,the procuratorate and the court.The third part discusses the current theoretical circles' opinions on the reservation of the right of appeal under the leniency system of confession and punishment,and evaluates the rationality of various views.In view of the abuse of the right of appeal,the theorists put forward three views,which are "limit appeal","prohibit appeal" and "allow appeal".Although they have their own rationality,they are not enough to provide theoretical support for the current legitimacy of regulating the exercise of the right of appeal and restricting the legitimacy of abnormal appeal.On the basis of agreeing with the reasonable restriction of the defendant's right of appeal,this paper returns to the design of the system of leniency of confession and punishment,and discusses the legitimacy and legality of the restriction of the right of appeal.The fourth part designs the appeal review mechanism which can be implemented now under the system of leniency of confession and punishment.It includes the feasibility,scope,content,procedure and standard of setting up the appeal review mechanism,so as to realize the legitimacy and legitimacy of restricting the right of appeal.At the same time,in order to protect the legitimate rights and interests of the defendant and avoid too many restrictions on the rights of the parties by the appeal review mechanism,the paper puts forward suggestions to improve the supporting measures.