Research On The Right Of Appeal In The Leniency System Of Confession And Punishment

Justice and efficiency,as the two major value goals of criminal proceedings,should run through the leniency system and the appeal system.However,the two have produced certain contradictions and conflicts on the appeal of the defendant in the case of confession and punishment.On October 26,2018,after the trial of the leniency system,the system of confessing guilt and admitting punishment was officially included in the Criminal Procedure Law.Since then,the application of the system of confessing guilt and punishing has been established in legislation.However,it is regrettable that no detailed arrangements have been made for the appeal right of the defendant in the case of pleading guilty and pleading guilty.On October 11,2019,the Supreme People’s Court,the Supreme People’s Procuratorate,the Ministry of Public Security,the Ministry of National Security,and the Ministry of Justice "Guiding Opinions on the Application of the Leniency System for Pleading Guilt and Punishment" and the "Rules of Criminal Procedure of the People’s Procuratorate" will take effect until 2021 The interpretation of the Supreme People’s Court of the People’s Republic of China on the application of the "Criminal Procedure Law of the People’s Republic of China" also did not make special provisions on the right of appeal of the defendant in pleading guilty cases.Judging from the current operational status of the system,the proportion of defendants in pleading guilty and punishing cases has been on the rise after being treated with leniency.The right of appeal is the right of relief that the defendant naturally enjoys,which is conducive to the maintenance of judicial justice.However,after the first instance,the defendant filed an appeal solely on the grounds of excessive sentencing,using the principle of no additional penalty on appeal as an "protective umbrella" in an attempt to obtain sentence reduction again.This not only consumes judicial resources,but also reduces the system of pleasing guilty and punishing leniency itself.The value of increasing efficiency.In judicial practice,there have been many cases in which appeals have triggered protests by the procuratorate and aggravated the defendant’s punishment.The topic selection is based on such contradictions between theory and judicial practice,combined with the status quo of my country’s legislation and justice,and with reference to the experience of similar systems outside the territory,and then proposes a system concept for problem-solving.The main contents of this article are as follows:Chapter One analyzes the status quo of the appeal right of the leniency system.First,sort out the current status of laws and judicial interpretations related to the system of plea guilty and punishing leniency.Secondly,from the perspective of judicial status quo,plead guilty and punished by lenient appeal right.Combining statistical data and adjudication cases,a comprehensive analysis of the proportion of appeals,the reasons for appeals,and the response of the judicial organs are carried out.The second chapter analyzes the problems existing in the appeal right of the system of plea guilty and punishing leniency from both theoretical and practical aspects.The first section discusses the three theoretical viewpoints on the retention and abolition of the right of appeal in the theoretical circle,and analyzes their respective rationality and shortcomings;the second section focuses on the outstanding problems of appeals in practice caused by the current allowable appeals Analyze and explain the reasons and effects.The third section analyzes the problem from the chain reaction of the appeal triggered by the protest.Chapter Three makes a comparative law investigation on the confession negotiation system.The first section introduces the research on the establishment of the right of appeal under the guilty plea system of the common law system and the civil law system of guilty plea negotiation system.Mainly taking the representative United States and Germany as the research model,firstly,it introduces the legal provisions and practical operation of the right of appeal under the similar systems of the two countries,and then analyzes the reasons behind and the practical effects respectively.The second section introduces the peculiarities of our country’s existing systems,with a view to more comprehensive consideration of the appeal right of the system of plea confession and leniency,which mainly includes the peculiarities of the trial structure and the negotiation nature of plea confession and punishment.The fourth chapter proposes a proposal for the solution of the problem.First of all,the appeal right of the leniency system for affirmation of a guilty plea should be fully reserved.Secondly,from the aspects of improving the system of on-duty lawyers and the precision of sentencing recommendations,the outstanding problems of the appeal situation were resolved.Finally,from the perspective of the objective and fair position of the procuratorial organ and the reasonable exercise of the right to protest,a solution to the problem of protest triggered by appeal is proposed.