| The "Pilot Measures for Plea and Punishment System" promulgated by the two high and three ministries and China’s new Criminal Procedure Law both make it clear that defendants in criminal proceedings have the full right to appeal,but in judicial practice the abuse of the right to appeal by defendants is widespread: some defendants,protected by the principle of no additional sentence on appeal,file appeals at will in an attempt to obtain lighter sentences,or delay the duration of proceedings by filing appeals,which seriously wastes judicial resources and also has an impact on the order of the appeal system.In response to this phenomenon,judicial practitioners and theoretical scholars have discussed and proposed various solutions.Due to the pressure of a large number of cases and the pursuit of litigation efficiency,most judicial practitioners reject the behavior of defendants who plead guilty and then appeal,therefore,many judges advocate the implementation of the first instance final trial system for cases in which the first instance applies to the expedited trial procedure,so as to block the path for defendants to appeal;in addition,some scholars hold a conservative attitude,believing that it is not appropriate to restrict defendants’ appeals in China,and the proportion of expedited trial cases In addition,some scholars hold a conservative attitude,saying that it is not appropriate to restrict defendants’ right of appeal in China,and the proportion of appeals in expedited cases is small,so restricting defendants’ appeals will not improve the efficiency of litigation much,and the system of unreasonable appeals should continue to be implemented.In addition,in order to regulate the defendant’s behavior of filing appeals at will,the procuratorial organs in some pilot areas also filed appeals by way of protest,in order to eliminate the protection of the principle of no increase in sentence on appeal for the defendant,proposing that his appeal after pleading guilty and pleading guilty is a manifestation of dishonesty,a manifestation of not pleading guilty,and therefore requesting the court of second instance to change the sentence of the appellant and increase the sentence.In the author’s view,both the first instance final trial system and the complete no-reason appeal system are somewhat absolute and cannot cope with the complex situation in practice,which is not conducive to the maintenance of the value of justice,and the behavior of the procuratorial authorities to restrain the appeal by protest is not in line with the rules of the exercise of the right to protest,which is not conducive to the regulation of the power of the procuratorial authorities once the common practice is formed.Therefore,on the basis of the above-mentioned scholars’ view of partially restricting the defendant’s right to appeal,the author proposes the construction of an appeal review system and the setting of grounds for appeal and review procedures in this procedure,distinguishing cases subject to expedited procedures from those subject to ordinary procedures and summary procedures,implementing different appeal systems,increasing the formal review of appeals in expedited cases,and conducting a preliminary review and filtering of cases without justifiable grounds for appeal.In order to reduce the phenomenon of defendants appealing for unjustified reasons and entering into the second trial procedure,and then pursue the continuation of the speedy procedure to improve the efficiency of litigation and optimize the allocation of litigation resources. |
