On The Procedure Of The Second Instance In The Case Of Leniency For Pleading Guilty And Accepting Penalty

Under the requirements of the prosperous development of economy and society,the continuous progress of legal civilization and the diversified development of the purpose of criminal procedure,"perfecting the system of leniency for guilty plea in criminal procedure" came into being.Under the premise of ensuring judicial justice,improving the efficiency of handling cases is the pursuit goal of the system of leniency for guilty plea.Since September2016 since greater confessed forfeit system pilot work,the system in a timely manner in accordance with the law to punish crime,strengthen human rights protection,reduce justice in case people have less stress,optimizes the allocation of judicial resources,especially to promote the criminal trial procedure and simplified shunt,improve the quality and efficiency of criminal litigation of trial,perfect multi-level criminal proceedings plays an important role in aspects of trial.The system of leniency for guilty plea should be applied to all stages of criminal proceedings,but in the current Criminal Procedure Law and relevant legal provisions in China,there is no special provision for leniency for guilty plea in the second instance of criminal proceedings,and there are also some problems in the second instance of criminal proceedings.As a result,the court of second instance only has a second instance procedure for the first instance of ordinary criminal cases when hearing the appeals of the defendants in the guilty plea cases or the protest cases of the public prosecution organs.At the same time,the special features of the cases of leniency of guilty plea are not considered in the process of second instance.Appeals and protests of guilty plea cases deviate from the value pursuit of leniency of guilty plea to some extent.The traditional criminal second trial procedure prolongs the time of handling cases and wastes judicial resources,which affects the efficiency value of the system of leniency of guilty plea to some extent and is not conducive to optimizing the allocation of judicial resources.Therefore,the paper hopes that the legal and review aspects will be cut into to deal with practical problems.Considering the inalienable right of appeal,fairness and efficiency,supervision and relief,and the principle of honesty and credit,the case of leniency of guilty plea has its special trial procedure in the first instance,and it should also have its special place in the second instance.This paper puts forward some suggestions on the establishment of the second trial procedure of multiple cases with leniency for guilty pleas,and puts forward some suggestions on the improvement of the specific trial process,in the hope of promoting the development of the second trial procedure in the direction of diversification and refinement,and improving the system of leniency for guilty pleas at the same time.The introduction briefly introduces the background and purpose of writing this topic,and briefly summarizes the relevant literature in the theoretical circle of criminal procedure law at the present stage.Next,this paper consists of five parts.The first part is pleaded guilty to forfeit their from the basic problem of criminal procedure and case study of the necessity to carry on the summary statement,clear pleaded guilty to forfeit from criminal procedure of how to define the case,this paper build a plea greater forfeit their cases to the particularity of criminal procedure lies in multiple ways of trial procedure and the special trial and puts forward a plea forfeit their function and significance of criminal procedure from case;The second chapter combs the main problems existing in practice from the judicial status quo of the second trial procedure of the case of leniency for guilty plea in our country.The third chapter analyzes the reasons for the problems in the second trial procedure of cases with leniency for guilty pleas,combed the legal provisions on the second trial procedure and the system of leniency for guilty pleas in the legal norms of criminal procedure at the present stage,and demonstrated that the second trial procedure of criminal procedure in China is too single,and the coverage of the legal provisions on leniency for guilty pleas is narrow.The fourth chapter discusses and constructs the legal theoretical basis of the second trial procedure of the case of leniency of guilty plea from the aspects of the inviolability of the right of appeal,the fairness and efficiency of leniency of guilty plea,the relief and supervision of the second trial procedure of criminal case and the legal protection of the principle of honesty and credit.The fifth chapter is the concrete construction of the second trial procedure of the case of leniency for guilty plea,demonstrating the viewpoints of introducing diversified trial procedure,the principle of reasonable appeal,the first review of the protest and so on,in order to make the value of the system of leniency for guilty plea fully reflected in the second trial stage of criminal.