Research On Issues Of Appeal In The Cases Of Leniency On Admission Of Guilty And Acceptance Of Punishment

The system of leniency on admission of guilty and acceptance of punishment has rich connotation and many issues.After the system performs,many issues still attract scholars and practitioners of the law to debate and research.This dissertation introduces and solves the problems of second appeal in the system of leniency on admission of guilty and acceptance of punishment.On the one hand,research for these problems of second appeal riches the theories of the system of leniency and favors refining the system of critical appeal of China.On the other hand,research for these problems of second appeal is beneficial to promote trial efficiency and distributary between simple cases and complicated cases.By summarizing and studying hundreds of cases of leniency,there are many problems,such as blank appeal,technical appeal,procuratorate institutes an appeal to oppose appeal from the accused,and so on.Facing these problems in the cases of leniency,this dissertation mainly uses empirical method,comparative method and ideal method,seeks correlative documents and date,and finally gets a summary of limiting the cases of leniency’ appeal,and presents exercisable measures.Limiting the cases of leniency’ appeal needs these ways: obeying principles of efficiency and benefit to the accused,checking appeals from the accused,limiting protest from procuratorate properly,the proposal favoring the accused from procuratorate should be suitable for the principle of second appeal without punishment.Besides,some supporting measures for ensuring first trial more impartial are also necessary,including carrying out deeply the Reform of Litigation System Centered on Judgment,strongly protecting the voluntary on admission of guilty and acceptance of punishment,promoting to establish the system of effective defence.