A Study On The Appeal Of The Defendant In The Case Of Guilty Admission And Punishment

In recent years,the total number of criminal cases in China has increased at a high level,and judges and prosecutors have carried out the post system reform...Various reasons have intensified the pressure on judicial organs to handle cases,resulting in the situation of "more cases and less cases".In order to improve this situation,China began to implement a pilot system of lenient punishment for admission of guilt on November 16,2016.This system has left a lot of practical materials since its pilot operation.On October 26,2018,the new criminal procedure law officially established the system of lenient admission and punishment in the form of law,and many practical perplexities have been effectively clarified from the legislative level.However,it is a pity that the new criminal procedure law does not provide any rules on the appeal procedure in the case of guilty admission and penalty,which makes the defendant’s appeal behavior deviate from the value expectation of the lenient system of guilty admission and penalty to some extent.At present,there is a serious phenomenon of the defendant abusing the right of appeal in the case of guilty admission and punishment,and there are many problems in the process of appeal,that is which not only brings practical troubles to the operation of judicial practice,but also violates the pursuit of justice and efficiency in criminal proceedings.Therefore,in order to solve a series of problems in the appeal process of the defendant in the case of guilty admission and punishment,it is objective and necessary to establish a reasonable restriction mechanism of the defendant’s right to appeal in the case of guilty admission and punishment.The paper is divided into six chapters:The first chapter is the introduction.Starting from the research background,it points out the research direction,that is,the defendant’s appeal in the case of guilty admission and punishment,and elaborates the significance of the research from the theoretical and practical perspectives.Summarize the research status at home and abroad,analyze the shortcomings of the existing research,and understand the provisions of similar systems outside the region and the mechanism to deal with similar problems;The research method is explained.The second chapter makes an empirical analysis of the practice of the defendant’s appeal in the case of guilty admission and punishment in China,including the appeal rate of the case of guilty admission and punishment,the reason of the defendant’s appeal and the result of the court of second instance after the appeal.In order to explain the problem more intuitively,it is necessary to search the appeal cases of guilty admission and punishment in China’s judicial document network for interpretation.By analyzing the data one by one,it classifies and makes statistics,and then summarizes the practical situation of appeal of guilty admission and punishment cases,that is,the appeal rate is high,the reasons for appeal are concentrated,and the original judgment rate is high.Then,the author analyzes the reasons for the practice of the appeal of the guilty plea case.The third chapter analyzes the negative benefits caused by the defendant’s appeal in the case of guilty admission and punishment.It is carried out from four aspects,namely,affecting the efficiency of litigation,wasting judicial resources,violating the spirit of contract and the principle of good faith,and resulting in delayed performance of economicobligations.It recognizes the adverse impact of the defendant’s "abuse of litigation".The fourth chapter is the investigation and comparison of the defendant’s appeal in the similar system outside the jurisdiction.Through the investigation and comparison of the British guilty plea system,the American plea bargain system and the German plea bargain procedure,the author summarizes the experience and hopes to get some references.The fifth chapter is the reconstruction of the appellate system of the defendant in the case of guilty admission and punishment.Firstly,based on the current practice of the defendant’s appeal in the case of guilty admission and punishment and the negative benefits,the necessity of setting up a limited appeal system is analyzed.Then according to the national conditions,combining the requirements of judicial reform,considering the feasibility of the practice level,appropriate reference for the similar system formed outside of beneficial experience,proposed from five aspects set the specific ideas of limited appeal system,specific as follows: according to the division of trial procedure limit level,checks on the appeal reason,according to the division sentence length limit level,appeal to distinguish crime and sentencing appeals,flexible apply the principle of "the appeal is not another".The sixth chapter is the summary of the whole paper.In order to better solve the contradiction between judicial justice and efficiency and achieve the integration,equity and win-win situation between the subject subject to prosecution to exercise proper procedural rights and the effective allocation of litigation resources.