Research Of The Appeal Right In The Case Of Pleading Duilty And Accepting Punishments With Leniency

Greater pleaded guilty to forfeit their system is a new era in China’s criminal judicial reform a major innovation,its core principles or be given a lighter punishment on the entity and the simple procedure trial,to motivate the defendant voluntary confession forfeit,in order to promote the criminal case and simplified shunt and the efficiency of judicial resources and ultimately reached on the basis of justice judicial goal to improve the efficiency of lawsuit.As a basic litigation right of the defendant,the right to appeal should be guaranteed because it carries the efficiency of safeguarding the legitimate rights and interests of the defendant and realizing litigation justice.However,empirical studies have found that in should be expected to greater effect confessed forfeit their case,the defendant got from punishment and exercise the right of appeal after frequent phenomenon,not only from "this confession greater forfeit their system is the purpose of the pursuit of the efficiency of lawsuit,and incompatible with the judicial resources to achieve the goals of optimization,the litigation justice,from the side reflects greater confessed forfeit system incomplete supporting measures,the problems such as imperfect legal norms.Justice and efficiency are the eternal themes of criminal proceedings.In the case of leniency of guilty plea,allowing the defendant to go back on his words and appeal at will inevitably consume the limited judicial resources,prolong the litigation period,and aggravate the tension between justice and efficiency in the system of leniency of guilty plea.At present,the lack of greater forfeit their abuse of right of appeal case the defendant pleaded guilty and counter measures of laws and regulations,as to whether the right of appeal to forfeit the defendant should be restricted,how to reasonable draw the scope of the restrictions and how to regulate the exercise of right of appeal,academic point of view,practice practice is differ,obviously detrimental to judicial authority.Based on the basic theory of the right of appeal in criminal cases,this paper summarizes and sorts out the different views on whether the right of appeal in cases of leniency of guilty plea should be reserved or limited.Based on the data source of "China Judicial Writing Net",this paper makes an empirical analysis on the current situation of the defendant’s right of appeal,the reasons of appeal and the judgment result of the court of second instance,and puts forward the viewpoint that the abuse of the right of appeal should be reasonably restricted in the cases of leniency of guilty plea on the basis of retaining the right of appeal.In examining the guilty plea for reference system,the American plea bargaining system,limit the right of appeal in Germany a plea agreement procedure rules,on the basis of combining the reality of our country,this paper discusses the greater forfeit pleaded guilty at the light punishment cases appeal review mechanism is feasible and concrete system design,and puts forward reform Suggestions to perfect the relevant supporting measures,in order to ensure the defendant pleaded guilty in in the course of forfeit their voluntary,prevent due to limited plea greater forfeit their right of appeal case brings negative effects.