Research On The Second Instance Mechanism Of Admission Of Guilty And Acceptance Of Punishment Cases

As one of the important contents of China’s judicial reform in recent years,leniency on admission of guilty and acceptance of punishment is intended to establish the procedure of trial diversion of guilty plea and non-guilty plea cases,solve the contradiction of too many cases and too few cases in current judicial practice,reasonably allocate judicial resources,and effectively save judicial costs.After a two-year pilot program,the criminal procedure law was amended on Oct.26,2018,to officially incorporate leniency on admission of guilty and acceptance of punishment into the law.Some of the contents of the pilot measures have been continued,and some problems in the pilot process have been solved.On October 24,2019,the ministry of youth and senior high school issued the "guidance on the application of leniency on admission of guilty and acceptance of punishment",which further clarified relevant issues,such as the content of the voluntary and legal review,the duty of the lawyer on duty,and the handling of the defendant’s decision not to prosecute after,before and during the trial stage.This paper focuses on the mechanism of the second trial of admission of guilty and acceptance of punishment cases,and through the analysis of 100 orders and 100 case books and a total of 200 judgment documents,discusses the problems existing in admission of guilty and acceptance of punishment cases and the second trial after analyzing the initiation mode,the trial process and the judgment result of the second trial of admission of guilty and acceptance of punishment cases.Firstly,admission of guilty and acceptance of punishment cases is confronted with the contradiction between justice and efficiency.Secondly,whether the defendant has the full right of revocation and appeal after pleading guilty and accepting punishment,and whether the procuratorial organ should be supported by the court of the second instance because of the defendant’s appeal.Finally,whether and how to apply the leniency on admission of guilty and acceptance of punishment in the second trial is still unclear.And investigate its origin,theory is not yet clear pleaded guilty to forfeit a deposition in the nature of the defendant have cheated right and the right of appeal is controversial,pleaded guilty to cross to forfeit their system content "from" the magnitude of the inconsistent,in the practice of "connection with different sentence," the defendant there exist deviations in understanding of the system in practice result in procuratorial organs as the result of the appeal and protest.In view of the current practice of the second trial,it is necessary to reshape the three-party relationship between the prosecution,defense and trial to clarify the rights and obligations of the three parties.The procuratorial organ should clearly inform the obligation to reduce the deviation of the defendant’s understanding of the system and establish an equal relationship with the defendant.We will improve the system of on-duty lawyers and strengthen the protection of the legitimate rights and interests of the accused,clarify the nature of the letter of affirmation to resolve the issue of the accused’s right to appeal,and implement the system of appeal on account to resolve the contradiction between fairness and efficiency.The judge should give the defendant pleaded guilty to forfeit their right to withdraw pleaded guilty to reduce practice forfeit "involuntary" situation,clear rules of criminal proof standard,the second instance trial to establish plea forfeit their criminal rules case,considering sentencing plot to reduce "connection with different sentence" situation,three parties work together to promote greater confessed forfeit system optimization and development.