A Reconstructive Study Of The System Of Appeal In The Fast-track Sentencing Procedur

As the criminal field presents a new trend of creating new crimes and increasing the minor crimes,the plea leniency system has a more significant systemic impact on procedures.It is not only reflected in sentencing concession based on the temper justice with mercy,but also in the organic integration of negotiated judicial procedure and the reform of separation of cases into simple cases and complicated ones The realization of separation of cases based on the standard of denial of guilt is a major progress in the reform of the diversified procedures at first instance.However,the diversity of procedures is also intrinsic to procedures at second instance.Currently,the implementation of the fast-track sentencing procedure has greatly eased the contradiction between large numbers of cases and few people,but not all the cases under the fast-track sentencing procedure can be resolved at one time.The application of the non-cause-based and the automatic appeal system without distinction in China,which leads to the appellate cases under the fast-track sentencing procedure that also in long second-instance procedures,resulting in a waste of judicial resources.Hence,it is necessary to establish a proportionate system of appeal for the plea leniency system and the fast-track sentencing procedure.Current splits in Chinese academia on the malfunctioning of the reform of appealing system of the cases under the fast-track sentencing procedure,thereof denote a lack of thorough research on the system of appeal.The design of the system of appeal should be made from the perspective of reaching reasonable allocation of judicial resources.Both of the two appeal models show that there is no right to appeal if there is no appeal interests;even if there is appeal interests,there doesn’t have the right to appeal necessarily.On the one hand,the interest in lawsuit is the common internal mechanism of the two litigation modes.In China,due to the difference in the nature of civil procedure and criminal procedure,the discussion on the interest in lawsuit focuses on the field of civil procedure.In the context of the dynamics of criminal justice practice and system innovation,it’s necessary to introduce the theory of interest in lawsuit in the system of appeal in criminal procedure,and to make a new interpretation of its connotation and application.On the other hand,to construct a diversified litigation procedure that adapts to the development of the times,should break through the traditional right view of where "there is a need,there must be relief",and make new observations on the attributes of the right to appeal,which can provide a jurisprudential basis for the reform of the system of appeal.As a typical form in the discretionary appeal system,The appeal admission system fully reflects the existence and severity of appeal interests,and can be adapted to the reform of the system of appeal in our country.Therefore,this article proposes to promote the transition of the cases under the fast-track sentencing procedure from the automatic appeal system to the appeal admission system,and to establish a coordinated system for the prosecution,defense,and trial.The core of the reform is to build a set of appeal interests evaluation system suitable for the cases under the fast-track sentencing procedure,and to explore the method of obtaining leave to appeal with the help of the specificity and type of appeal reasons.Based on judicial norms and practice,this article divides the appeal interests of the defendant in the appellate cases under the fast-track sentencing procedure into two types: procedural and substantive.The latter is divided into conviction interests and sentencing interests.Then,based on certain review principles,three levels of review are determined: firstly,eliminate situations that inevitably have no appeal interests,secondly,make the clarify situations that inevitably have appeal interests enter procedures at second instance,and finally carry out a richer discussion on the part worthy of adjudication.Therefore,using appeal interests as an indicator to reshape the system of appeal in the cases under the fast-track sentencing procedure and establish a scientific concept of appeal,is a beneficial attempt to promote the operation of fast-track sentencing procedure and the plea leniency system,and to respond to the diversified reform of litigation procedures.It’s good for improving the litigation system of minor crimes with Chinese characteristics,promoting the optimal allocation of judicial resources,and balancing the values of justice and efficiency.