The Research On The Cases Of Appeal Of The Defendant After Plea For Leniency

The newly revised criminal procedure law of China formally establishes a lenient system of guilty admission and punishment from the legal level,in which criminal suspects and defendants voluntarily plead guilty and accept punishment in exchange for lighter punishment after committing crimes,which is of great significance to the realization of the complicated and simple distribution of cases and the rational allocation of judicial resources.However,the current law doesn’t make restrictions and special provisions on the right of appeal of the defendant who applies the case of guilty admission and lenient punishment.In the three cases of Meng’s crime of dangerous driving,Yan’s crime of larceny and Cao’s crime of shelter others to take drugs,the defendant appealed after pleading guilty and accepting punishment,and the procuratorate all filed a protest.The case entered the second trial procedure,which involved three procedural disputes:(1)the issue of whether the defendant’s right of appeal should be limited after plea for leniency;(2)the issue of whether should the prosecutor’s office file a protest against the appeal;(3)how to judge the second instance court after appeal.On the first issue,this paper mainly investigated the provisions of the right of appeal and the function and value of the right of appeal after the defendant pleads guilty and accepts punishment.By analyzing the defects of the view of limiting the right of appeal and the significance of retaining the right of appeal,and measuring the efficiency of the case and the justice of the procedure,it is concluded that the fair value of the procedure takes priority.At present,the restriction of the right of appeal of the defendant should be cautious,and certain measures can be taken to combine Reason guides the defendant to exercise the right of appeal.On the second issue,the point of dispute mainly lies in whether the reason for such protest conforms to the legal provisions.By interpreting the legal reason for protest in China and investigating the internal logic of the right to protest,the conclusion is drawn that such protest is illegal and unreasonable.Accordingly,this kind of protest should be limited,and the scope of the procuratorate’s protest in the case of admission of guilt and punishment should be unified to maintain the judicial authority of the judicial system.On the third issue,on the basis of combined with the relevant legal provisions of the second instance court,on the analyzes of the judgment reasons and results of the cases,clarify the pleaded guilty to forfeit their appeals trial after entering a second trial of the referee,then draws the conclusion that the second instance should adhere to the principle of comprehensive review and puts forward suggestions on how thesecond trial be impartial and take into account the protection of the defendant’s litigation rights and the prevention of abuse of rights.