Study On Appeals In The System Of Pleading Punishment

The confession and confession system is a new content to be explored in China's judicial reform.The core of the confession and confession system is that the prosecuted person voluntarily confesses and confesses punishment for lenient punishment,and implements the criminal justice of leniency policy.In judicial practice,although the percentage of appeals in confession and confession appeal cases is not large,there are also some prosecutors who abuse the right of appeal,undermine the original meaning of the judicial system design,and affect the effect of the confession and confession punishment system.Due to the lack of clear guidelines in the current legal provisions,and the views of some scholar-like officials have been strengthened in time,they still cannot be used as the strict judicial guidelines.Regarding the issue of the defendant's right to appeal,the judicial practice in different regions is quite different.There are also differences in whether the prosecutor's court appeals and the judgment of the court of second instance are different,which is not conducive to protecting the rights of the respondent,and will also lead to the authority of the system.And unity.In the introduction,this article lists the background of the confession and punishment leniency system and the process of revision and improvement of relevant laws and regulations.It also summarizes the current clearer provisions on the right to appeal.The text begins with the problems of the right to appeal in the confession and punishment system.It abstracts the disputes of the right of appeal in the theoretical world and analyzes its causes.The second part focuses on the basic issues of the right to appeal.This part is mainly based on theoretical research.,Analyzes the theoretical generation of the right of remorse and its relationship with the right of appeal,and analyzes the legitimacy of the exercise of the right of appeal and the judicial risks faced from two sides;the third part starts from the characteristics of the conclusion and analyzes the nature of its judicial contract,And expounded the positive and negative effects on the right to appeal after signing the written statement;the fourth part is the focus of the article,beginning with the analysis of the peculiarity of the right of appeal in the confession and lenient system,combined with judicial case analysis The confession and confession of confession are summarized and reviewedin terms of judicial practice.Finally,the confession of confession and confession is abused to prevent the abuse of the right of appeal and the legislative improvement is summarized from the perspective of extraterritorial experience.China has established a system of appeals for plea and confession cases,and has increased the application of non-custodial procedural measures and reduced prison sentences.Ratio and shortening the time the second trial the defendant and other measures to prevent the abuse of the right of appeal.The abuse of the right of appeal is not the unilateral cause of the defendant.The deep-seated problem is that the voluntary nature of the confession and confession is not fully guaranteed.Therefore,it needs to be supplemented with a number of supporting measures,such as the protection of the defendant's right to regret the punishment and the construction of evidence display The system,guarantees and strengthens the rights of lawyers on duty,clarifies the statutory basis for leniency,and uses the protest methods impartially,objectively,and steadily,with a view to clarifying the thinking on confession and punishment and easing the issue of appeal,unifying understanding,correctly understanding,and applying the system.