On The Defendant’s Appeal In The Case Of Leniency System Based On Admission Of Guilt And Acceptance Of Punishment

Leniency System Based on Admission of Guilt and Acceptance of Punishment has become an important part of China’s criminal procedure system.The main purpose of setting up this system is to improve the efficiency of criminal proceedings and optimize the allocation of judicial resources.However,judging from the current legislation and judicial practice,the defendant’s appeal reason in the these cases is "over-sentencing",and the second-instance judgement ends with "maintaining the original sentence".The defendant’s appeal in such cases not only did not substantially change the outcome of the case,but caused delays in the proceedings.Therefore,under the premise of clearly confirming that the defendant who pleads guilty to punishment has an inalienable right of appeal,the reasons for the appeal of the plead guilty defendant in China’s judicial practice should be thoroughly analyzed,the specific circumstances should be clarified,and ways to reduce unnecessary appeals should be explored in order to achieve a win-win goal of justice and efficiency.In addition to the introduction,the text is divided into four parts,and the full text is more than 37,000 words.The first part analyzes the current situation of the appeal of the system through statistical analysis of 554 second-instance judgment documents.It focused on four issues,including the type of case,appeal rate,grounds of appeal,and the result of the second instance judgment.Through research and analysis,it is found that there are concentrated cases of appeal types,higher than expected levels of appeals,most of the reasons for appeals are "over-sentencing",and second-instance judgments "maintaining the original sentence".The second part analyzes the reasons for the defendant’s appeal in the case of confession and punishment,and divides the specific types of unnecessary appeal.According to the statistical results of the judgment documents,the main reasons for the defendant’s appeal were to evade the execution of the prison,the sentencing exceeded expectations,and the sentencing in the first instance was indeed wrong.Since the cases were mostly light punishment cases,some of the defendants appealed in order to achieve the purpose of serving the sentence in the residence todelay the proceedings.At the same time,because the sentencing proposal generally has a certain range,the defendant’s psychological expectation is the minimum sentence in the recommended sentence range.If the sentence in the first trial is not the minimum sentence recommended by the sentencing,the defendant will choose to appeal to achieve his expectations.In addition,the judiciary’s mistake in sentencing is also one of the reasons for the defendant’s appeal to seek rights relief.But crimes caused by this situation can also be reduced through further refinement.The third part sorts out the theoretical and practical disputes about the defendant’s right of appeal in the case of confession and confession,and clearly puts forward the basic view that "the defendant’s right of appeal is inalienable but should be limited in unnecessary appeals." It can be seen from the review of the literature that the theoretical community generally recognizes that the defendant in the confession and confession case has the right to appeal,but there are different views on whether to limit them and how to limit them;in practice,judicial authorities in various places in order to ensure the efficiency of litigation.The improvement and the realization of the system’s effect have imposed a certain degree of restriction on the appeal benefits of the defendant in the case of confession and punishment.Although unnecessary appeals in confession and confession cases reduce the efficiency of litigation,the right of appeal is the defendant’s basic litigation rights.Ensuring the right of appeal is a basic requirement of procedural justice,a means of remedy for fair results,a sustainable system for confession and confession,and a guarantee of development.The fourth part mainly proposes measures to reduce the appeal of the defendant in the case of confession and punishment.First,through accurate identification and local conditions,a response mechanism should be established for appellants for the purpose of “sentence in prison”;second,the notification mechanism should be improved so that the respondent in a confession and punishment case clearly understands the legal consequences of the application of the system,while protecting the defendant Fully participate in sentencing consultations,formulate accurate sentencing recommendations,enhance the predictability of the trial results of the first instance,and reduce the sense of discrepancy brought about by the final results.Third,strengthen the court’s review of the involuntariness and legality of the confession and confession of the confession and confession,and reduce the causes.Appeals caused by errors or illegal acts of the public security and judicial organs during the first instance.Through the above measures,the confession and punishment leniency system has been further improved,and the first instance can be litigated.