A Study On The Right Of Repentance Of The Prosecuted In The Lenient System Of Pleading Guilty And Pleading Penalty

The revised Criminal Procedure Law came into effect on October 26,2018.This amendment is carried out under the background of the reform of litigation system centered on trial.In order to promote the reform,the criminal procedure law has established many new systems,including the leniency system of confession and punishment.The leniency system of confession and punishment has risen from special authorization to legal system,and has been extended from pilot areas to the whole country.The leniency of punishment for pleading guilty is an additional legal system to cooperate with judicial reform,improve the efficiency of litigation,promote the protection of human rights,and better demonstrate judicial justice.The purpose of the system is to optimize the allocation of judicial resources,so that valuable judicial resources can be more used to solve major,difficult and complex cases,and to simplify and solve the non controversial cases,that is,the case of the accused pleading guilty.,quoted from Gao Tong: Research on the standard of proof in criminal summary procedure ",law forum,2017 edition,p.2.]]However,"simplified procedure" is not equal to "reduction of rights".The simplified trial of cases with confession of guilt is the result of the accused’s voluntary abandonment of procedural rights.Therefore,in order to protect the accused’s voluntary status,it is necessary to provide them with necessary rights protection.One of the most important rights is the right of estoppel.Whether it is a common case or a case with leniency of guilty plea,there is no difference in the system basis of criminal procedure.Giving the accused the right of appeal does not violate the law of procedure operation.Under the value guidance of "fairness first and taking into account efficiency",the accused’s exercise of the right of appeal is justified,and the strict requirements for the voluntary nature of the accused’s confession and punishment are more stringent The exercise of the right of appeal provides the precondition.The defendant pleaded guilty and punished in the first instance after the sentence was pronounced on the ground that the sentence was too heavy.Whether the procuratorate can simultaneously protest on the ground that the defendant no longer admits punishment is controversial.In practice,the situation varies widely.There are some suspicion of judicial "bullying" and "illegal" in the protest because of appeal.There is a certain operational blind area.We should recognize the important value of the appeal system,dialectically treat the phenomenon of pleading guilty and punishing and appealing,fully grasp the focus of the protest system,and establish the principle of modest exercise of power of the procuratorial organs to appeal against the accused who pleaded guilty and punished,so as to get rid of the misunderstanding of trial supervision of "anti appeal".