Research On The Perfection Of The Right Of Appeal Of Defendants In Cases Of Guilty Plea And Punishment

In the process of judicial reform in my country,the leniency system for confessing guilt and punishing is a new exploration,which is of great significance to alleviating the tension between the backlog of litigation cases and limited judicial resources.Among them,the appeal trial plays an important role in the confession and punisment procedure.Since the application of the confession and punishment system does not limit the defendants right to appeal,under the principle of no additional penalty for appeal,it is very easy for the defendant to attempt a false confession in exchange for a lighter second-instance sentence.However,the court of second instance and the procuratorate will also oppose the speculative practice of defending the defendant by dismissing or protesting.However,It also creates the dilemma that the defendant’s true right of appeal cannot be guaranteed.In fact,in common law countries,the long-standing plea bargaining is the core spirit of the guilty plea system.Afterwards,the civil law system transplanted this system and achieved good social effects,and the two major law systems both made explicit legislation on the defendant’s right of appeal in the process of plea bargaining.On the contrary,my country’s "Criminal Procedure Law" does not limit the defendant’s right of appeal in the,guilty plea system.Therefore,in combination with the plight of plea cases,many scholars suggest that the defendant’s right to appeal should be restricted.The author believes that the system of confessing guilt and punishing contains the inherent requirements of lenient and strict criminal policies and the pursuit of justice and efficiency.After all,completely restricting the defendant’s right to appeal is a partial failure of the second-instance error correction and relief function,and unrestricted protection is not conducive to alleviating the current dilemma of limited judicial resources.This article systematically expounds the value of the right of appeal through comparison,analysis,and generalization;it does an empirical study on the cases of confession,mpunishing and appeal;compares the experience of foreign legislation,and puts forward some suggestions to improve the appeal right of the defendant in guilty pleas.The full text is divided into five parts.The first part expounds the theoretical basis of the appeal right of the defendant in confession and punishment cases;the second part analyzes the current situation of the exercise of the appeal right of the defendant in the form of data collection and puts forward the current practical dilemma;The third part compares the plea bargaining system of representative countries in the common law system and the civil law system,and provides reference and reference for the improvement of the guilty plea system in China in terms of the legislative design of the defendant’s right of appeal;the fourth part will combine the empirical research results of this article.Absorb domestic and foreign theoretical viewpoints and legislative spirit,and put forward relevant suggestions on the improvement of the appeal right of the defendant in our country.The fifth part is a summary of the research results.