A Study On The Right Of Appeal In Pleading Guilty And Accepting Lenient Punishment Cases

After two years of trial in 2016,the leniency system was officially written into the criminal procedure law on October 26,2018,and went into effect nationwide.As the system of admitting guilt and accepting punishment for leniency is still in the exploratory stage,the criminal procedure law only amended and added 18 articles to establish the system,but other litigation systems have not been modified accordingly and no corresponding system has been introduced.During the period of trial and implementation,some problems gradually emerged in judicial practice,which attracted wide attention from the industry and academia.Greater appeal issues,among them,the defendant pleaded guilty to forfeit their case before the judgment,the defendant has an agreement on the outcome and the judicial investigators,and the defendant also signed the declaration confirm,but after the defendant in the judgment and will appeal against the verdict,the defendant pleaded guilty to move not only enjoy the forfeit of sentencing from the benefits,and the improvement of the system pursues the litigation efficiency,saving judicial resources and the impact of target.In this paper,through collecting 2019 samples of appeal cases,extracting the defendant pleaded guilty to forfeit their greater appeal after the behavior,the impact of the problem existing in analysis of this problem are behind the law is not sound,the cause of value conflicts unresolved,then through to the domestic various academic views are analyzed,and draw lessons from the countries and regions outside of system of plea bargaining and criminal negotiation system to deal with the defendant appeal,combined with the reality of our country national condition,proposed restrictions confession forfeit right of appeal from the defendant's point of view,and to perfect the related system imho.