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Study On The Right Of Appeal In Confessing Guilty And Pleading Punishment Cases

Posted on:2021-03-24Degree:MasterType:Thesis
Country:ChinaCandidate:T Y ShaoFull Text:PDF
GTID:2416330626961277Subject:Law
Abstract/Summary:PDF Full Text Request
In the practice of criminal litigation,justice and efficiency are the basic values of its pursuit.Therefore,in the leniency system of confession and punishment,the two major values should be reflected in practice.However,on the issue of the defendant's appeal in the system of confession of guilt and punishment of confession,the two major value objectives have contradicted each other.In the case of confession of confession and punishment,the issue of the right of appeal has caused a lot of discussion and dialectics in the legal profession.The goal set by the confession and punishment system is to improve judicial efficiency and save judicial resources,while the right of appeal is a basic right of individual citizens in litigation.However,in judicial practice,we have found such problems.The alienation of the right of appeal and the abuse of the right of appeal bring not judicial resources but greater waste,and even cause a certain degree of judicial fairness.influences.In this case,the research and reform of the right to appeal has its practical significance that cannot be ignored,and it also proves that we have a practical necessity to study the setting of the right of appeal under the guilty plea system.In this article,our main purpose is to seek a series of legal and reasonable setting of the right of appeal,so as to achieve the balance point of seeking two major value goals in the contradiction,so as to achieve the saving of judicial resources and the improvement of judicial efficiency The legitimate rights and interests of citizens.This is also an important node for the smooth implementation of the confession and punishment system.
Keywords/Search Tags:Confession guilty and pleading punishment, fair and efficient, value conflict, limitation of appeal
PDF Full Text Request
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