A Study On The Appeals Of Defendants In The Procedure Of Admitting Guilt And Accepting Punishment

The system of leniency for guilty plea is the implementation of the criminal policy of our country,and the discussion on the defendant’s right of appeal in the process of leniency for guilty plea is helpful to the system.To clarify the basic spirit to forfeit,define the fundamental interests of the defendant,deeply understand the nature of judicial power,through the judicial practice,pleaded guilty to forfeit their from the system and the specific problems in the process of apply the plight of the analysis,it reflects the confession forfeit their system and the judicial system in China in the process of continuously adjust and adapt to each other should study and solve the problem,in such aspects as legislative,judicial,pleaded guilty to will forfeit their system reform deepening,the exposed the shortcomings of perfecting the judicial practice,this article combines the academic idea and practice case,reason analysis and combined with the actual situation in our country puts forward feasible measures and Suggestions of solution,It is hoped that the law can make more explicit provisions on these issues,so that the system of leniency of guilty plea can be gradually improved.This paper is mainly divided into four parts.From the perspective of three cases,it analyzes the problems exposed by the defendant when exercising the right to appeal in the current practice of confession procedure.Through the analysis of the problems and combining with the cases,it puts forward reasonable suggestions,so as to improve the deficiencies of the procedure.The first part is the introduction,which mainly discusses the background of the topic selection and the research significance of this paper.By summarizing the views of some scholars in the academic circle on the issue of the defendant’s right to appeal,it lays a foundation for the discussion and research in the next stage of this paper.The second part is to enumerate three cases,mainly through the analysis of three cases to discuss the research status of the problems reflected in the case in the academic circle and the views of the practical department on the problem,summed up three focus problems,respectively: the guilty plea procedure does not make a reasonable distinction of the appeal motive;"Synchronous protest" by prosecutors affects the exercise of the defendant’s right of appeal;The influence of conflict of law and prosecution on the legitimacy of appeal right.On the basis of these studies,this paper analyzes the shortcomings existing in the current system,and illustrates the seriousness of these problems in combination with the case in this paper.The third part is the legal analysis,which focuses on the following issues from different perspectives: first,the appeal motivation of the defendant under the procedure of admitting guilt and accepting punishment;second,the impact of the prosecution’s“synchronous protest”on the right to appeal from the different angles of protecting the rights and interests of the defendant and the legitimacy of the procedure;third,the impact of the contradictions and problems arising in the application of sentencing recommendations on the defendant’s right to appeal from the perspective of legal inspection.The fourth part is the conclusion and enlightenment of the case study.The following conclusions are drawn from the analysis of the above focus issues: by clarifying the defendant’s appeal motive,the appellant is classified,the right of appellant with reasonable motive is guaranteed,and the malicious appeal behavior is restricted;Urge prosecutors to use the right of protest prudently,improve the accuracy of sentencing recommendations of prosecutors and protect the independent jurisdiction of the court.